Copying a design without permission, placing a similar product on the market or imitating its appearance may amount to infringement of design rights. Imitation can cover not only exact copies but also similar products that create the same overall impression. The assessment is made by examining the products together, and outcomes can differ from case to case.

First step: documenting the situation. When infringement is suspected, it is important to record the infringing product's images, sales pages, invoices or catalogues, with dates and sources. These records may be used as evidence later.

In general terms, the steps a rights holder may consider are these:

Checking the registration record and its images
Documenting the similarities and differences between the products in a comparative way
Sending a formal notice to the other party to state the position and set out the demands
Where appropriate, seeking legal remedies before the competent court under the applicable law
In some cases, considering a request for interim measures before the competent authority

Notice and settlement. In many cases, the first step is a written notice to the other party. A notice sets out the rights holder's claim and offers a chance to end the continuing infringement. The other party may respond; the matter may be settled, or it may go before the courts.

Lawsuit and compensation. In legal proceedings, claims may include stopping the infringement, remedying the damage and withdrawing products from the market. The scope of any compensation claim depends on the length and impact of the infringement. Guidance from an experienced attorney is very important at this stage.

The defending side. The party producing or selling the product may raise defences: for example, that the design was made public earlier, that the registration is invalid, or that it created its own independent design. For this reason, the rights holder should be clear about the registration date and the history of public disclosure.

Unregistered designs. For an unregistered design, protection is limited: in Turkey, it may be protected for 3 years from the date the design was first made public, and only against copying. For this reason, registration should be considered for important designs.

Timing. The timing of the rights holder's response also matters. If infringement continues unnoticed for a long time, collecting evidence and carrying out the notice process can become harder. For this reason, when similar products appear on the market, it is useful to gather initial documents quickly and have the situation assessed by a specialist.

A useful comparison method is to show both products from the same angle, under similar lighting and at a similar scale. Do not confuse perspective differences with actual product features. When recording a suspected sales page, retain the seller’s details, product code and access date rather than relying only on a cropped screenshot. If a sample was purchased, keep its packaging and purchase record. Obtaining specialist review before turning an internal assessment into a public allegation helps the team consider both the evidence and its communications more carefully.

To make an initial assessment in case of infringement, see our design infringement analysis service page (/en/hizmetler/tasarim-ihlal-analizi). This article is for general information only; consult our attorney for an assessment specific to your file.

First Steps When Design Infringement Is Suspected