Conditions for Unregistered Design Protection

Unregistered design protection means that a design may be protected under certain conditions without formal registration. This protection differs from registered protection: it is more limited, lasts for a shorter time and works only against copying. For this reason, relying on unregistered protection may not be sufficient in every case.

Unregistered protection involves assessing first disclosure in Türkiye together with novelty and individual character. Disclosure may occur through sale or exhibition. Whether an online post amounts to disclosure in a particular place and on a particular date depends on the circumstances. Simply describing a product as original does not establish that these conditions are satisfied.

Unregistered design protection in Türkiye lasts 3 years from first disclosure. Calculating that period requires identifying which appearance was disclosed, where and when. Its expiry does not mean other rights have ended; trademark, contractual and other legal issues concerning the product may require separate consideration. Historical records should therefore be retained.

Scope: only against copying. The most important limit of unregistered protection is that it works only against copying. If someone independently develops your design or creates a similar appearance, that may not fall within this protection. The broad protection provided by a registered design is not the same in this respect.

The limits of unregistered protection can be summarised as follows:

• It is effective only against copying.
• The protection period runs for 3 years from the first public disclosure.
• The dates of publication and public disclosure must be provable.
• It generally does not provide sufficient protection against similar designs developed independently.

The question of evidence. When unregistered protection is claimed, it must be proven when and how the design was made public. For this reason, keeping records such as invoices, catalogues, dated images, exhibition documents and online posts is important.

When is registration more suitable? If the product stays on sale for a long time, if competitors are likely to produce similar products, or if the product has significant value, the registration route offers a stronger plan. Registration gives a broader and longer-term plan than unregistered protection; however, before filing, it should be assessed whether the novelty requirement is met.

Even for a short-lived product, do not leave disclosure records to chance. Link a catalogue copy, shop-window photograph and launch-event documents through the same product code. Record a web post’s link and access date alongside its screenshot. Explain clearly during a consultation whether the product was shown in another market first. The design team’s development files should complement the marketing team’s publication records. This allows the location, timing and product version involved in the initial disclosure to be reviewed in a more organised way.

To assess whether your design should rely on unregistered protection or on the registration route, see our design registration service page (/en/hizmetler/tasarim-tescili). This article is for general information only; consult our attorney for an assessment specific to your file.