Design Enforcement in Turkey: Protecting Industrial Designs
Design enforcement in Turkey plays a crucial role in protecting the rights of industrial design owners against unauthorized copying, imitation, or commercial use of their designs.
Under Turkish Industrial Property Law No. 6769, registered design holders have the exclusive right to prevent others from producing, selling, importing, or using identical or substantially similar designs without authorization.
This legal framework aims to safeguard innovation, creativity, and commercial investment in design-oriented industries — from fashion and furniture to technology and manufacturing.
Legal Framework for Design Enforcement in Turkey
Industrial design protection in Turkey is governed by Industrial Property Law No. 6769, which harmonizes Turkish law with EU design protection standards.
A registered design provides its owner with exclusive rights to the appearance and aesthetic features of a product, such as its shape, configuration, lines, color, or surface texture.
Design enforcement actions can be initiated before:
Civil IP Courts (specialized courts) for injunctions and compensation; or
Criminal courts, if counterfeiting reaches the level of a criminal offense.
Rights of the Design Holder
The holder of a registered industrial design in Turkey is entitled to prevent third parties from engaging in any of the following acts without permission:
Producing, offering, or selling identical or substantially similar designs
Importing or exporting infringing products
Storing or keeping such products for commercial purposes
Using infringing designs in advertisements or marketing materials
These rights allow design owners to control the commercial exploitation of their creative works and to take swift action against infringers.
Design Enforcement Remedies in Turkey
When a design owner identifies an infringement, several enforcement measures can be requested from the IP Courts.
The most common legal remedies include:
Determination of Infringement:
Confirmation by the court that infringement has occurred.Cessation (Prevention) of Infringement:
An injunction preventing the infringer from continuing the unlawful activity.Seizure of Infringing Goods and Equipment:
Confiscation of counterfeit products and the machinery used to produce them.Transfer of Ownership:
The court may decide that seized goods or machines be transferred to the rightful design owner.Destruction of Infringing Goods:
The court can order destruction of counterfeit products to prevent further use.Compensation for Damages:
The infringer must compensate the design owner for material and moral damages.Publication of the Court Decision:
The decision can be publicly announced at the expense of the infringer to deter future violations.
These remedies collectively ensure strong enforcement and deterrence against design infringement in Turkey.
Enforcement Procedure and Evidence
To initiate a design infringement lawsuit, the design owner (or their authorized representative) must submit a claim to the relevant Civil IP Court.
Supporting documents typically include:
Design registration certificate issued by the Turkish Patent and Trademark Office (TÜRKPATENT),
Samples or photographs of the infringing products, and
Expert opinions or market evidence showing confusion or similarity.
Courts may grant preliminary injunctions (temporary measures) to stop infringement immediately — even before a final judgment — if the risk of ongoing damage is high.
Representation and Enforcement Strategy
Foreign design right holders can enforce their designs in Turkey through registered IP attorneys or law firms authorized before TÜRKPATENT.
At Efor IP & Law, we represent both domestic and international clients in:
Design registration and prosecution,
Enforcement and litigation,
Customs recordals, and
Anti-counterfeiting strategies.
Effective enforcement often involves a combination of legal action and market monitoring to detect and stop unauthorized design use swiftly.
If you are a design owner seeking legal protection or enforcement support in Turkey, Efor IP is ready to assist with tailored strategies to secure your rights and prevent imitation.
