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Article 81 - Acts deemed as infringement of design right

Turkish Industrial Property Code (Law No. 6769)
Article 81

Acts deemed as infringement of design right


Article 81

(1) The following acts shall be deemed as infringement of a design right:
a) to produce, put on the market, sell, offer for contracting, import, use for commercial purposes or stock for those purposes an identical or similar product in which the design is incorporated or to which it is applied without the consent of the right holder;
b) to broaden the rights granted by the design owner through licensing or to transfer these rights to third parties without consent;
c) to disseize the right of a design.
(2) In the event that application shall be registered and published as per Article 65, registration owner has the right to file a civil action due to infringements of the design right specified in this article. If an infringer is informed about the application and the scope of application, the publication of application shall not be taken into account. If the court decides that infringer acts in bad faith, the existence of this infringement shall be deemed to be prior to the publication as well.
(3) The absence of the record on the product, packaging or invoice showing that the design in the scope of protection is registered shall not mean that acts indicated in this article would not be accepted as infringement of the design right.
(4) As regards unregistered designs, designs presented to the public pursuant to
Article 57, the right owner has the authority to institute the legal proceeding due to the violations of the design right.


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