DESIGN INFRINGEMENT LAWSUITS

Design infringement lawsuits are legal processes initiated to protect design rights. These lawsuits provide legal protection to the rights holder in the event of the unlawful use of a design. Design rights aim to protect the original and novel elements of a product's appearance.

I. Design Rights and Legal Basis

 Definition and Scope of Protection of Design Rights

Design rights are an intellectual property right that protects original and novel designs relating to the appearance of a product or part of a product. This right provides protection for the aesthetic and visual characteristics of the design. Design rights can apply to both registered and unregistered designs. Registered designs provide extensive protection for a specific period, while unregistered designs have more limited protection.

 Legal Framework

In Türkiye, design rights are regulated by the Industrial Property Law No. 6769. This law includes the acquisition, protection, and legal sanctions to be applied in case of infringement of design rights. Article 56 of the Industrial Property Law contains provisions regarding the protection of design rights. According to this article, the owner of a registered design has exclusive rights for a period of five years from the date of registration of the design, and this period can be extended in five-year increments, up to a total of 25 years.

II. Design Infringement Lawsuits

 Definition of Design Infringement

Design infringement occurs when a design is copied, used, commercially marketed, or otherwise violates the design rights without the permission of the design owner. In legal terms, design infringement is a crucial component of intellectual property law, and various legal mechanisms exist to protect the rights of design owners.

 Types of Violations

• Direct Infringement: Exact copying of the design or using a very similar design.
• Indirect Infringement: The trade of products manufactured or imported without authorization.

Filing Infringement Lawsuits

Design infringement lawsuits are filed in Intellectual and Industrial Property Courts. The plaintiff is responsible for proving that the design has been used without permission and that this use infringes their rights. In these cases, the courts determine whether an infringement has occurred through methods such as evidence gathering and expert examination.

III. Legal Sanctions Applied in Design Infringement Cases

 Precautionary Measures

In cases of design infringement, courts may issue preliminary injunctions to prevent the infringement from continuing during the trial. These injunctions may include measures such as withdrawing the infringing products from the market, halting their production, or confiscating them.

Material and Moral Compensation

A design owner who has suffered material and moral damages as a result of design infringement may claim compensation from the infringer. Material compensation covers the design owner's loss of income and the infringer's unjust enrichment. Moral compensation aims to compensate for intangible damages such as damage to the design owner's reputation.

 Destruction of Substandard Products

Courts can order the destruction of infringing products. This ensures the complete removal of infringing products from the market and contributes to the protection of the design owner's rights.

IV. Supreme Court Case Law and Legal Articles

 Supreme Court Case Law

The Supreme Court's precedents regarding design infringement cases provide important guidance on how these cases should be evaluated. For example, the Supreme Court's 11th Civil Chamber's decision numbered 2016/3450 E., 2017/3963 K. emphasizes the need to assess whether the design is new and distinctive. This decision focuses on whether the design, in terms of its overall impression, is significantly different from other designs. To give a more detailed example of precedent:

 

11th Civil Chamber, Case No. 2015/11870 E., Decision No. 2016/9173 K.

"Case Law Text"

…

COURT: … INTELLECTUAL AND INDUSTRIAL PROPERTY LAW COURT

...d. Ltd. stated that it purchased the products from the other defendant with an invoice, and that the defendants.. design violation The plaintiff requested and sued for the determination of the act, the determination and remedy of unfair competition, and the announcement of the judgment.
The defendant, … Industry and Trade Limited Company, raised an objection regarding jurisdiction, claiming invalidity case They stated that they had filed the lawsuit and requested its dismissal. The other defendant's lawyer requested that the case be dismissed. The court, based on the allegations, defenses, expert report, and the case file, determined that the defendants displayed the products they traded in their catalogs and on their website, and that products numbered … and … in the catalog titled …. designs Registered to the plaintiff with serial number 2005/02716-… with design markedly similar to other catalogs designs however, they are different, the annulment claims filed by the defendants of the case The case was dismissed, deemed not to have been opened, the decision became final, and the defendants' arguments of invalidity could not be proven designs The court ruled in favor of the plaintiff, accepting the case on the grounds that the validity of the documents was determined as of the date of the alleged assault, regarding the multiple documents numbered … and … belonging to the plaintiff, numbered 2005/02716…, found on the zenteknoloji.com.tr website and in the catalog titled ……… with designs distinct similar designed displaying their products, making them commercial assets, design It has been decided that the infringement of rights and unfair competition have been identified and prevented, that the infringing products/promotional materials have been collected and removed, that the infringing product content has been removed from the website, and that, once the decision becomes final, a summary of the judgment has been published in a nationally distributed newspaper.
.
The decision was appealed by the attorney for the defendant, … S……. Ltd.
Based on the information and documents in the case file, and considering that there is no procedural or legal irregularity in the discussion and evaluation of the evidence relied upon in the reasoning of the court's decision, all the appeals of the defendant … …. ….. Construction ……. and Trade Ltd. Co.'s representative are unfounded.
CONCLUSION: For the reasons explained above, it was unanimously decided on 28/…/2016 to reject all appeals of the defendant … S…..e Tic. Ltd. Şti.'s representative and to AFFIRM the judgment which is found to be in accordance with procedure and law, and to collect the remaining appeal fee of 01.50 TL from the appellant.

 Relevant Law Articles

Industrial Property Law No. 6769

Article 56 – Scope and Duration of Design Rights:

1. The registered design owner has the exclusive right to use the registered design.
2. This right is valid for five years from the date of registration and can be extended in five-year periods for a total of 25 years.

Article 67 – Design Infringement:

1. The unauthorized production, sale, import, commercialization, or other use of a registered design constitutes an infringement of design rights.
2. In the event of an infringement, the design owner has the right to cease the infringement and claim compensation.

V. The Relationship Between Design Law, Trademark Law, and Intellectual Property Rights

Design law, trademark law, and intellectual property rights in general are closely related. Designs protect the visual characteristics of products, while trademarks identify the origins of products. Both rights provide a competitive advantage in commercial activities and encourage creative endeavors.

 Relationship with Trademark Law

Trademark law provides protection for signs that serve to distinguish the goods or services of one business from those of other businesses. Designs can be visual elements of trademarks and therefore intersect with trademark law. For example, the design of a product can also be a distinctive sign of that product and can be registered as a trademark.

Relationship with Intellectual Property Rights

Intellectual property rights aim to protect creative and innovative activities. Different types of protection, such as design rights, patent rights, trademark rights, and copyrights, safeguard various aspects of creativity and innovation. Designs protect the aesthetic and visual qualities of products, while patents protect technical solutions and innovations. Copyrights, on the other hand, provide protection for artistic and literary works.

VI. Conclusion

Design infringement lawsuits are an important legal mechanism for protecting design rights and preventing unlawful use. In Türkiye, design rights, regulated by Law No. 6769 on Industrial Property, offer various protection mechanisms for both registered and unregistered designs. In cases of design infringement, legal sanctions such as cessation of infringement, claims for compensation, and destruction of infringing products can be applied. Supreme Court precedents and relevant legal articles provide important guidance in evaluating these cases. Furthermore, design law is closely related to trademark law and intellectual property rights in general, and these rights together aim to protect creative and innovative activities.

 

Student Intern 

Behiye Zeynep Ozturk