Laws And Claims That Trademark Owner May File

  • The rights owners who have been violated by individuals by 3rd parties are under Article 149 of the Common Provisions 6769 numbered Industrial Property Law on the grounds that they constitute a violation of trademark rights. In accordance with the provision of article 11, they can make the following requests from the court:
    1. a) Determining whether the act is violation
    2. b) Preventing possible violation.
    3. c) Stopping the acts of violation

    ç) Abolition of the violation and compensation for material and moral damages.

    1. d) Confiscating the products that produce rape or punishment and the devices, machinery and equipment used exclusively in their production, in a manner that does not preclude the production of products other than violated products.
    2. e) Providing the right to ownership of the confiscated products, devices and machines.
    3. f) Taking measures to prevent the rape from continuing, and to change the shapes of the products seized in accordance with paragraph (d) and to the devices such as devices and machinery, especially if the infringer is inevitable to prevent the infringement of industrial property rights or to prevent infringement of industrial property rights.
    4. g) In case of a justified reason or interest, the final decision, with the expenses of the other party, being announced in full or in summary by daily newspapers or similar means or notified to the concerned persons.

    In case of the existence of one of the above mentioned cases, the infringement of the trademark right is deemed to have occurred. In this context, brand owners have the right to take legal action as well as criminal lawsuits against individuals who have committed the rape, as well as the right to make claims such as the confiscation of counterfeit brand products while the proceedings continue.

    The persons who commit the infringement of the Industrial Property right are obliged to compensate the damage of the right holder.

    The provisions of the Law no. 6769 Article 151 of the same Law. As stated in the article, the loss suffered by the right holder includes the actual loss and the deprived gain.

    The deprived gain is calculated by one of the following assessment procedures, depending on the choice of the injured right holder:

    1. a) The potential income that the beneficiary could obtain if there was no competition from the infringer of the industrial property right. b) Net gain from the infringer of industrial property rights.
    2. c) The license fee that is required to be paid by the person who has infringed the right of industrial property to use this right in accordance with a license agreement.

    And also; Article 159 of the Law No. 6769, the owner of the trademark in accordance with the article will be able to request a precautionary measure from the court.

    Persons who have the right to file a lawsuit pursuant to this Law require the court to request a preliminary injunction to ensure the effectiveness of the provision to be taken, provided that the use of the case in question constitutes an infringement of its industrial property rights in the country or that serious and effective work is being carried out for its realization.

    The precautionary measures shall in particular cover the following measures:

    1. a) Prevention and suspension of acts that constitute an infringement of the plaintiff’s industrial property right.
    2. b) From encroaching on industrial property rights produced or on imported rape products subject, of which the means are used solely in the production or the means used for the performance of the method given in the patent, it does not hinder the production of products other than the infringing goods, Turkey boundaries as within or bonded and free port or region seizure and storage of all areas, including areas.
    3. c) Giving guarantee for compensation of any damage.

    Istek Patent provides legal support with its expert lawyer staff in the patent trademark dispute. Contact us for more information.


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