Trademark Counterfeit and Penalties

Criminal provisions for infringement of trademark rights are defined in Article 30 of the Law no. 6769. Article 30. Pursuant to the aforementioned article; “The person who produces or offers goods, offers or sells for sale, imports or exports, buys, owns, transports or stores for commercial purposes by infringing on the trademark rights of someone else by means of rationing or bonding, shall be imprisoned from one year to three years and up to twenty thousand days punishable by judicial fine. ”

(2) The person who removes the sign indicating that there is trademark protection without authorization from the goods or packaging shall be sentenced to imprisonment from one year to three years and a judicial fine of up to five thousand days.

(3) The person who makes the savings by transferring the right of trademark, giving license or pledge, even if he is not authorized, shall be sentenced to imprisonment from two to four years and a judicial fine of up to five thousand days.

(4) In the event that the offenses set out in this article are committed within the framework of the activity of a legal person, security measures specific to them shall also be imposed.

(5) the brand to impose the penalties for the crimes in this material are required to be registered in Turkey.

(6) The investigation and prosecution of offenses referred to in this article shall be subject to the complaint.

(7) No penalty shall be imposed on the person in the event that the person offering or selling the goods that have been produced by imitating the trademark to which someone else is entitled to declare from where he obtained the goods, and thereby ensure that the producers are exposed and the confiscated goods are seized..



The counterfeit goods confiscated by the security forces as a result of the complaint of the owner of the trademark by the public prosecutor about the ones who imitate the registered trademark of someone else, sell, import or export imitation branded goods, hold the goods for commercial purposes.

Since the beginning of 2001, in some provinces, cases related to trademark crimes have been handled by the Intellectual and Industrial Rights Criminal Courts. We believe that if the specialized courts on industrial property rights become widespread, imitation incidents will decrease and the importance of trademark registration will be understood more.


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