Design is the ability to create a product that goes beyond the ordinary by adding aesthetics to any product. The design application serves to protect the external appearance of these products. This type of application was known as “Industrial Design Application” before 2017, then the term “industry” was removed with the new law adopted in 2017. The reason is that any kind of product aesthetically appealling to the eye and meeting the conditions specified in the law can be the subject of an application.
In this article, I would like to give you some examples of what can be the subject of a design application. First of all, textile products can be protected in terms of clothing or patterns. The outer appearance of footwear, as well as the appearance of their soles, are subject to design.
Apart from that, the parts of any kind of technology product visible to the consumer may be the subject of application. Decorative products, accessories, jewelry, and toys may be the subject of the application, while cartoon characters may be included individually in the design application.
Just as we can carry out portfolios of design applications such as playground toys, water park toys, there may be cases where the exterior and interior layout of a store is subject to application. In addition to this kind of concrete products, the final versions of computer programs such as website interfaces and phone application interfaces can be the subject of a design. An interesting example for a subject of design application is the patterns on the surface of car tires. As we have experienced, there are quite a lot of applications in this scope.
Products included within the scope of “work” can be the subject of a design application and are also naturally protected in accordance with the Law on Intellectual and Artistic Works. For example, while a design application can be made for sculptures, the product also has a natural protection due to the Law on Intellectual and Artistic Works since the product in question is a product of art; and in case of imitation, legal action can be taken both under the Industrial Property Law and within the scope of copyright protection.
Although there is the possibility of unregistered design protection for a period of 3 years from the date of public presentation, if a distinctive design study is carried out for all types of products, except seasonal designs with a very short lifespan, protection of these products is of great importance in terms of getting the reward of the effort made. For this reason, if you are a designer or work with people who design for your products in your company, you should not deprive these authentic, unique products of this 25-year protection.
