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Those who remove the registered trademark sign or symbol from
the product or package shall be sentenced to imprisonment between
one and three years and pay a judicial fine up to five thousand days.
Those who dispose on a trademark right owned by a third person
by the way of sale, transfer, rent or pledge without an authority shall
be sentenced to imprisonment between two and four years and pay a
judicial fine up to five thousand days.
If the above-mentioned crimes are committed by a legal entity, then
special precautionary measures shall be implemented additionally.
In order to award the above-mentioned punishments as a penalty
for the relevant crimes, the trademark must have been registered in
Turkey.
The above crimes are prosecuted on complaint.
Appeals of the Proprietor of the Trademark
According to article 62, a proprietor of a trademark whose rights
have been infringed may in particular appeal for the following at the
Court:
i) appeal for the cessation of the acts of infringement,
ii) appeal for remedies of infringement and request compensation
for damages incurred,
iii) appeal to request the confiscation of the products and the
equipment and machinery used to produce these products,
which of production and use of such products shall be subject
to penalty due to infringement of a trademark right,
iv) appeal for the proprietorship over the products confiscated in
accordance with subparagraph (iii); in this case the value of
the products shall be deducted from the compensation award-
ed. If the value of the products established to be above the
compensation value awarded, the proprietor of the trademark
shall repay the balance to the infringing party.
v) appeal for enforcement measures for the prevention of contin-
ued infringement of rights, request the erasing of the trade-
mark from the products and vehicles or if it is essential for the
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NEWSLETTER 2012