grace period (designs)

In many jurisdictions, including the European Union, the grace period is 12 months prior to the filing or priority date. Disclosures made within this period (such as exhibitions, marketing activities, or online publications) are disregarded when assessing novelty and individual character.

In Türkiye, a similar approach is adopted under the Turkish Industrial Property Code. Türkiye provides a 12-month grace period for maintaining novelty and obtaining protection in cases of prior disclosure. Accordingly, disclosures made by the designer, their successor in title, or third parties based on information obtained from them within this period do not prejudice novelty.

Additionally, Turkish law recognizes certain specific situations concerning earlier applications and disclosures, whether in Türkiye or abroad. Under these circumstances, it may still be possible to obtain protection for an industrial design despite prior publication, depending on the nature and timing of the disclosure.

The grace period offers flexibility for designers to test or promote their designs before filing; however, early filing remains the safest strategy to ensure full protection.