How to Prove Your Industrial Design Is New and Yours

Designers often speak of the originality of their work, but Turkish law measures a design in other terms. Under the Industrial Property Law No. 6769 (SMK), a design is protected if it is new and has individual character (SMK art. 55 and 56). So the practical question is how to prove that your industrial design is new and that it is yours. The answer starts long before any dispute: with dated records that show how the design was created, by whom and when, and with a design application filed at TÜRKPATENT before the design is shown in public. These records are the evidence that matters when a third party opposes your application, when the validity of your registration is challenged in court, when you claim that someone has copied your design, and when you rely on an unregistered design. Standing out in the market is about more than striking visuals: it is about being able to show what you created and when. This article explains what to keep, when to file and how a registration and your own records work together.

Essential Steps to Show That Your Design Is New and Yours

Proving that a design is new and yours begins with meticulous documentation. Catalogue every sketch, draft, CAD file, model and iteration, and keep each one with its date and the name of the person who made it. Together these pieces tell the story of how the design was developed and show who created it and when. Next, move to a design application. A design registration is not just paperwork: it gives you a registered right in your design and fixes a filing date on the register. When you file, TÜRKPATENT examines novelty of its own motion and refuses a design it finds not new (SMK art. 64); individual character is examined only if a third party opposes. A careful application, supported by your own records, puts you in a stronger position at each of these stages. The more precise your records, the easier it is to answer a challenge.

Begin with solid groundwork in each industrial project. First, file a detailed design application: it is the basis for protecting the appearance of your product against copying. In Türkiye this protection is obtained by design registration (tasarım tescili); Turkish law does not call it a patent. A registration strengthens your position, although no registration guarantees that a design will not be challenged. Next, maintain a digital portfolio that records how your work evolved from concept to final design, with the source files and their dates. Store these files securely and keep the earlier versions instead of overwriting them, because they show the steps of creation. Where several people work on a design, record who contributed what and when. If you share drafts with manufacturers, suppliers or partners before filing, keep a written record of what you shared, with whom and on what terms. These steps help you show, if a dispute arises, that the design is yours and when it existed.

Do not overlook the risks of public disclosure. Showing your design in public before you file can destroy its novelty. In Türkiye, only the designer's own disclosure made within the 12 months before the filing date is excused, so the safest course is to file your design application before you publish, exhibit or sell the design. Once the application is filed, sharing your work on platforms that are well regarded in your field, or at conferences and exhibitions, can help it reach the right eyes and gain peer recognition. Keep dated records of every disclosure, as they help you show when and how your design was made public. These records matter for an unregistered design too: a design first made available to the public in Türkiye is protected as an unregistered design for three years from that date, a period that cannot be extended, and only against copying.

Navigating Design Registration and Copyright in Industrial Design

Design registration and copyright protect different things, and it helps to know where each one begins. A registered design protects the appearance of your product as shown in the application. It lasts 5 years from filing and can be renewed in 5-year periods up to 25 years. Copyright under Law No. 5846 (FSEK) arises automatically when a work is created, and registration with the Ministry of Culture and Tourism is optional evidence for most works; your sketches and drawings may be protected as works in their own right. Not every feature of a product's appearance can be protected as a design: features dictated solely by the product's technical function, and features that must be reproduced so that the product can be connected to another product, are excluded. Understanding how these rights fit together helps you decide what to file, what to document and what evidence to keep. Without the right protection and the right records, your work is like a masterpiece left in the rain: exposed to imitation and hard to defend.

A design application is a documented statement of what your design looks like and of the date from which you claim it. It does more than claim ownership: once registered, the design is entered in the register in the name of its owner, and the registration certificate records that right. Because TÜRKPATENT examines novelty of its own motion, a design that was already made public before the filing date, by someone else or by you outside the 12-month period, may be refused. Individual character is examined only when a third party opposes. Oppositions are filed within three months of publication in the Official Design Bulletin, on grounds such as lack of novelty or individual character (SMK art. 67). If your application is opposed, your dated records help show what you created and when; Leo Patent handles opposition proceedings at TÜRKPATENT. While these procedures can seem complex, each step taken on time strengthens your design's standing.

Remember that timing is your ally. File your design application as soon as the design is settled, and before it is shown in public. Novelty is assessed against what was made public before your filing date, so an early filing reduces the risk that another design disclosed in the meantime stands in the way of your application. If disputes arise, your registration and your dated design records are important evidence. Claims that a registered design is invalid, and infringement claims, are decided by the courts; court proceedings are conducted by lawyers, and we support on the IP side with evidence, searches and technical analysis. A registered design is protected without the limits that apply to an unregistered design: it is no defence for the other party to say that it created a similar design on its own. An unregistered design, by contrast, is protected only against copying, so records of when and where you first disclosed it are central.

The Importance of Documentation in Proving Novelty and Ownership

Documentation plays a pivotal role in proving that your industrial design is new and yours. Your design application shows the design as filed; your own records show the path that led to it. Capture every stage: first sketches, dated drafts, CAD files with their metadata, prototypes, photographs of models, and emails or meeting notes that discuss the design. Note who worked on each stage and when. These documents support your claim that you created the design and show the date by which it existed. Without them, it can be hard to answer a third party who says that the design was theirs or that it was already known. In a crowded market, the importance of such meticulous records is hard to overstate. So build your documentation as you work, not after a dispute has started, and keep it where it cannot be changed without leaving a trace.

A design application does more than protect the appearance of your product; it also sets a fixed point for proving that the design is new. Each line drawn and each detail shown in the application becomes part of the record. Think of your documentation as your design's history: it shows the steps from the first idea to the version you filed. Together with your registration, these records are important evidence in oppositions, in court cases about validity and in infringement claims. They also help when someone uses a similar design: a cease-and-desist letter that relies on your registration and your records is more persuasive. They do not just sit idle in a drawer; they are the material from which your position is built. So gather your schematics, notes and files with diligence; each piece helps show that the design is yours.

Make sure that your design application itself is complete and clear. The views you file show the design for which you seek protection, so they should show every feature of the appearance you want to protect. Keep the documents you used to prepare the application together with your other design records. A clear application and well-kept records make your position easier to explain in any later dispute, although no document can rule out a challenge. If you would like support, our registered trademark and patent attorneys can review your records, carry out design searches before filing, prepare and file your design application at TÜRKPATENT and handle oppositions. Thorough records turn a creative process into concrete evidence that your design is new and that it is yours.

Disclaimer: This article is for general information purposes only and it is recommended that you consult experts and companies in that field to evaluate your specific situation. We are not responsible for any damage that may arise from the use of the information in this article.