Intellectual property · Legal information

What Happens If a Sample That Was Sent Is Copied?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a sample that was sent is copied, the right is read through the courier record and the enclosure to the offer. This sentence is not a claim that an idea in the mind was stolen. The right holder shows, with the courier document and the enclosure to the offer, to whom the sample was sent, on which date, and with which offer. The product the other side later brought out is read beside that sample, and the absence of a registration does not erase the sending. While there is no minute of measurements, a resemblance of colour is not enough. A sentence about return does not abandon the design right by itself. A number of days is not invented between the courier and the shop window.

The courier and the offer

The courier document carries the recipient's trade name and the date. The enclosure to the offer carries the measurements and the photograph, and if the two are missing a sentence that says "I showed it orally" stays weak. The unregistered state of a bare idea stands in my idea was stolen. A second sale by the factory you had manufacture stands in contract manufacturing. Sending a sample is not joined, as the same petition, with a contract manufacturer's second sale.

If the recipient's trade name and the date are not on the courier document, the sending stays weak, and a sentence that says "I showed it orally" does not complete that gap. The measurement and the photograph in the enclosure to the offer are read together with the courier date. If the two documents conflict, which one is taken as the basis is written separately in the petition.

The product that came out

The goods in the recipient's window may overlap with the sample's measurements, or they may resemble it only in colour. The overlap is read from the photograph and from the minute of measurements, and a sentence that says "it looks similar" does not stand in for the measurements. The general limit of an unregistered appearance is separated from a copied design. A resemblance of colour does not make out a holding of copying while there is no minute of measurements.

Whether the date of the goods in the window is after or before the courier date is necessary for the sequence, and if there is no date the sequence is not built. If the minute of measurements and the photograph do not overlap, the point that does not overlap is written without being hidden. The general limit of an unregistered design does not stand in for the sending record of the sample.

The sentence about return

A sentence in the offer that the sample will be returned does not by itself leave the design right with you. A sample that was not returned is not counted as the recipient's property either, and the two records stand apart. If the recipient rejects the offer and later brings out the same form, the sequence is the date of the rejection writing and the date of the window. If there is no rejection writing, the sequence is built as the courier date and the window date, and a number of days is not invented in between.

A sentence that it will be returned does not by itself leave the design right with the sender, and a sample that is not returned is not counted as the recipient's property either. If the date of the rejection writing is there, the window date is compared with it. The two records are not melted into one sentence. Each stays in its own document.

A product that will disperse

If the product will disperse in a short time, the route of preservation of evidence stands in preservation of evidence. If a price list and a customer name went as well, confidentiality is read separately from the contract enclosure. The two are not memorised as the same petition. Preservation of evidence does not by itself give judgment that the sample was copied, and if there is no contract enclosure confidentiality is not assumed.

If the product will disperse, preservation is asked for together with the photograph and the measurements in hand, and the preservation order does not make out a holding of copying. If a price list and a customer name went, confidentiality is read from the contract enclosure. While there is no enclosure, a trade secret is not treated as automatically added to the sample record.

What is separated in a sample file

The question of what happens if a sample that was sent is copied is built from the date of sending and the date of the product that came out. Counsel in Ankara separates from the document that the office being in Çankaya does not change the authority for a sample dispute. A bare idea is not written in place of this sequence. The absence of a registration does not delete the courier document, and the application does not replace the minute of measurements with a resemblance of colour. A sentence about return does not abandon the design right by itself, and a number of days is not invented between the courier and the window.

Conclusion

In a sample file the sequence is the sending and the window, and while there is no minute of measurements a resemblance of colour does not build this sequence. A bare idea is not written in place of this sequence, and the absence of a registration does not delete the courier document. While there is no minute of measurements, a resemblance of colour does not make out a holding of copying, and a sentence about return does not abandon the design right by itself either. A number of days is not invented between the courier and the window. The frame stands on the intellectual property page. The basis is Industrial Property Code No. 6769.

Legislation

Frequently asked questions

We sent the sample and the other side manufactured. Does a right arise?

Sending does not by itself create a registration. It is read whether the courier record, the offer and the product that came out go to the same form. A bare idea is dealt with in a separate article.

Does a contract manufacturer count as a sample as well?

No. A manufacturer you engaged selling the model to someone else is dealt with in a separate article. This record reads the buyer who took a sample for an offer.

If the sample is no longer in hand, does the file end?

It is not memorised that it does not end. If the courier dispatch, a photograph and an enclosure to the offer are there, the sample itself may not be required. Preservation of evidence for a product that will disperse is dealt with in a separate article.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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