individual character (designs)

Individual character is one of the essential legal requirements for obtaining protection for an industrial design. A design is considered to have individual character if the overall impression it produces on the informed user differs from the overall impression created by any design that has been made available to the public before the filing or priority date.

The assessment of individual character focuses on the overall appearance of the design rather than individual features. When comparing designs, the informed user’s perception, the similarities and differences between the designs, and the degree of freedom available to the designer in developing the design are all taken into account.

In Türkiye, individual character is a statutory requirement for design protection under the Turkish Industrial Property Code. Similar principles apply under the European Union design system and in many other jurisdictions that protect industrial designs.

The requirement of individual character ensures that protection is granted only to designs that present a sufficiently distinctive overall appearance, thereby promoting creativity, innovation, and fair competition in product design.