International Design Applications and the Hague System

Design protection applies on a country-by-country basis. A design registered in Turkey is not automatically protected in other countries. For this reason, businesses planning exports, international trade fairs or online sales should identify in advance the countries where protection is needed.

Start with the priority period. After a first design application in Turkey, foreign applications may be based on the same priority date under the Paris Convention. For designs, this priority period is 6 months. It is important to plan foreign applications before this period ends; once it has passed, the priority right generally cannot be used.

The Hague System is a common filing route through WIPO for seeking design protection in designated contracting parties. A single international application does not provide worldwide protection. WIPO’s processing and each designated party’s assessment of protection conditions are different stages; a party may refuse protection in its territory. Review eligibility and the intended designations before filing. A business should not interpret receiving a file number as confirmation that protection has begun in every market.

Application requirements. A Hague application requires the applicant to have an appropriate connection to a contracting party, which is generally established through nationality, domicile or an industrial or commercial establishment. Language and image requirements may also vary under the system's rules. For details, consider WIPO's current guidance together with TÜRKPATENT's information.

When comparing filing routes, national applications and regional systems may also be considered. Do not assume that the same image set is suitable for every route. Check product descriptions, views and applicant information against the current requirements of the chosen route. The team can record why each market was selected and which documents remain outstanding.

Questions that may be asked before a foreign filing include the following:

• In which countries will the product be sold or manufactured?
• When was the Turkish application filed, and when does the priority period expire?
• Will the filing be made through the Hague System, or country by country?
• Has the product's appearance already been made public abroad?

Language and translation. Filing language, document format and translation requirements can differ between countries. For this reason, the filing should be checked separately for each country.

Choosing territories may require more than listing current customers. Consider manufacturing locations, distribution partners, planned fairs and online sales channels together. Record the product version intended for each market and tell the filing team about any visual differences. A checklist for local requirements should identify the responsible person and missing documents. After filing, record which territory each communication concerns. This helps avoid assuming that a single file number means the same outcome in every market.

For your foreign plan, see our international filing service page (/en/hizmetler/yurt-disi), or request a free preliminary search. This article is for general information only; consult our attorney for an assessment specific to your file.