In short
An unregistered design arises if the appearance was first made available to the public in Turkey, and it is read against a copy. The question of what is done if an unregistered design is copied is built from the date of disclosure and the chain of the copy. The term is three years from that disclosure, and it stays as unregistered protection. The right holder shows that an appearance which is the same, or so similar in overall impression that it cannot be distinguished, was copied. A registration certificate is not a presumption at this door.
When the three years are up, the unregistered protection ends by itself and is not extended. This term is not carried into another article as a term of usurpation. A first disclosure abroad does not stand in for the first disclosure in Turkey. The date is read from the fair record, the first sale, or the first announcement.
Where the first disclosure is looked for
Making available to the public is exhibiting, selling, using, describing, publishing, and promoting. A design told to a third person on a condition of confidentiality is not treated as made available to the public. If the first disclosure stayed abroad, unregistered protection does not open by itself. If the same appearance was made public in Turkey earlier, the term runs from that earlier date. A later fair does not rewind the term to the start.
The calculation of registered protection is not an extension of these three years. That calculation is in a separate record. This text leaves the three years as unregistered protection and does not add a new year to it. Separate protection as a work or a trademark does not extend this term either. A claim of extension is not built without a document of the disclosure.
How the copy is shown
Saying it was copied depends on it being shown that the opposing product was taken from the earlier appearance. A sentence of 'it looks alike' is not enough. The independent design of a person who could not reasonably have known the protected design is not treated as a copy. Independence is also read by looking at whether the other side stood at the same fair or in the same catalogue. If it could not have been known, similarity is not enough by itself.
The form the product's technical function requires may narrow the freedom of the protection. The narrowing does not build the chain of the copy by itself. The chain comes out of the sketch, the correspondence, the first announcement, and the photograph of the opposing product. If there is no photograph, the overall impression cannot be built either. An impression that cannot be built stays in the petition as a sentence of 'it looks similar'.
The registration door is not this term
The comparison after registration is completed is not a copy of the unregistered-copy test. The novelty question is not the question of whether the three years have ended either. The effect of one's own disclosure on a later application is read separately. The three years are not renamed as a term of usurpation born from that effect.
The separation stands in these records. The comparison after registration is in design infringement. The place of the registered term is in the term of design protection. The registration route is in industrial design registration. The novelty test is in novelty in a design. The effect of one's own disclosure is in a design disclosed at a fair. The three years do not change places among these pages. They stay here as unregistered protection.
How the copy is read
The date of the first disclosure in Turkey, the appearance itself, and the opposing product are set side by side. It leaves the three years as unregistered protection, and a new year is not written. A presumption of a document is not looked for at this door. The address of the Çankaya office does not change the authority of the design register or the competent court. A catalogue without a date does not produce a day of disclosure.
It is not said there is a copy while there is no concrete chain. If the petition only says my design was stolen, and does not write which appearance was made public on which date, it stays incomplete. The decision is not built without separating independent creation from the copy. If the record sets the two products from the same angle, that record speaks.
Which paper builds the chain
The document that is read is the first announcement, the fair record, the sketch, and the photograph of the opposing product. If a contract writes a condition of confidentiality, that disclosure may be treated as not having been made public. If there is no contract, confidentiality is not assumed. An invoice may date the first sale. An invoice does not by itself prove that the other side knew of that sale. A register document may carry a presumption for a registered right. That presumption is not looked for at the unregistered door.
The application should say from which date the three years run. An application that does not say it does not start the term by itself. Service keeps the date of the writing that went to the other side. Service does not prove the copy. The decision is read by separating the place, at this door, of Article 55, Article 59, and Article 69. The three years are not carried outside the sentence of unregistered protection.
Conclusion
An unregistered design is read for three years from the disclosure first made in Turkey, and against a copy. There is no presumption of a document. The three years stay as unregistered protection. The frame is on the intellectual property law page. The basis is the Industrial Property Code No. 6769.