Trademark, Patent, Utility Model or Design holders may request the followings from the court in case of infringement of their rights:

  • Stop and prevention of Trademark, Patent, Utility Model or Design  right infringements
  • Recovery of infringement and indemnification of damage
  • Seizure of products produced or imported through such infringement and seizure of equipment used in production thereof
  • Grant of title of seized product and equipment to the right owner if possible,
    • a)in case of trademarks; the destruction of production and equipment if inevitable for removal of the trademarks from the seized product and equipment or prevention of infringement
    • b) in case of designs; destruction of products and equipment if it is inevitable for change of shapes or prevention of infringements of design rights
    • c) In case of Patent and utility models; destruction of seized products and equipment if it is inevitable for changing shapes or prevention of infringement of patent rights.
  • Disclosure and announcement to the public, of the court decision against the person infringing rights of Trademark, Patent, Utility Model or Design may be requested to be published in the top three newspapers in Turkey.

The penal sanctions to be applied in case of trademark infringement, subject to nature of the crime:

One who infringes by means of excerption or confusion and thus produces, offers for sale or sells goods or services,  applies a customs approved action or use, sells, keeps available, transports or stores for trading purposes shall be sentenced to

  • Imprisonment from one year to three years and
  • Judicial fine corresponding to twenty thousand days.

Penalties are stipulated under article 141 of the Law dated 22/12/2016 and numbered 6769.

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