Assessment of novelty and distinctive character in industrial design protection in Turkey

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Tezin Türü: Doktora

Tezin Yürütüldüğü Kurum: Orta Doğu Teknik Üniversitesi, Mimarlık Fakültesi, Endüstriyel Tasarım Bölümü, Türkiye

Tezin Onay Tarihi: 2011

Tezin Dili: İngilizce

Öğrenci: GÜLÇİN CANKIZ ELİBOL

Asıl Danışman (Eş Danışmanlı Tezler İçin): Fatma Korkut

Eş Danışman: Gülay Fatma Hasdoğan

Özet:

Novelty and distinctive character are the conditions of protection for a registered design in Turkey. This study investigates the ways in which novelty and distinctive character are interpreted and assessed by the parties actively involved in the assessment process –judges, court experts, the Turkish Patent Institute experts, attorneys and design agents. The face-to-face interviews conducted with 51 participants from the parties involved indicate that the assessment of distinctive character presents more challenges than the assessment of novelty. Not being exactly the same with a previous design is the main consideration in the assessment of novelty. The assessment of distinctive character is primarily identified with the comparison of designs’ overall impressions whereas designer’s degree of freedom remains as the least mentioned consideration. The study suggests that being subject to protection of designs not fulfilling the conditions of protection coupled with the uncertainties in the assessment of novelty and distinctive character, which may have a negative impact on the public trust in the design registration system. The study concludes with a set of suggestions for developing an assessment guide for the design registration system in Turkey.