A decision last year ruled that invoking the exercising rights arising from a registration certificate is not always lawful. The Council of Appellate Circuits of the Turkish Court of Appeals awarded damages to a party on the basis of another party registering an industrial design with the TPI in bad faith.
For several years, party X manufactured and sold PVC pipe clips used in conjunction with rainwater down-pipes. The PVC pipe clips are commonly used in the market. Party Y held an industrial design registration for the same PVC pipe clip with the Turkish Patent Institute (TPI).
The legal actions leading up to the Council of Appellate Circuits’ decision were as follows:
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Design, design registrations, bad faith, TPI, Council of Appellate Circuits of the Turkish Court of Appeals