In Turkey, the ownership of designs—whether registered or pending—can be transferred to third parties through a design assignment agreement. In multiple design applications, it is possible to transfer the designs either completely or partially.

Agreement to Be Notarized and Recorded

A design assignment must be concluded in writing and approved by a notary public. As per Article 148(4) of the Industrial Property Code No. 6769, notary approval is a requirement for validity.

The agreement must be signed by the authorized signatories of the parties or their attorneys appointed through a notarized power of attorney. If the agreement is signed outside of Turkey, it must be notarized and apostilled (or legalized) in the respective country, and the notarized and apostilled copy must be translated into Turkish by a sworn translator.

Although notarization has a constitutive effect between the parties, the assignment must also be recorded with the Turkish Patent and Trademark Office ("TPTO") for it to become enforceable against third parties.

To record the assignment with the TPTO:

• A petition requesting recordation and a copy of the notarized assignment agreement must be submitted; and

• The official recordation fee must be paid. The official recordation fee can be accessed on our website or shared upon request together with our fee schedules.

The TPTO does not require a power of attorney from the trademark/patent attorney for this recordation application.

Scope of the Design Assignment Agreement

In addition to a detailed agreement, a short-form agreement may also be accepted for recordation purposes, provided it includes the following:

• Identities of the assignor and assignee

• Application or registration number of the design to be assigned

• If it is a partial assignment (in a multiple design application), the sequence numbers of the relevant designs

• If the agreement is in a foreign language, a sworn Turkish translation must be provided

Assignment of Ownership Through Merger or Court Decision

The ownership of a design may also change due to a merger of companies or a Turkish court decision ordering such change. In these cases, the change must also be recorded with the TPTO by submitting:

• A petition requesting the change in ownership

• The official document evidencing such change (in lieu of the assignment agreement)

• Proof of payment of the official recordation fee