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preclusion of the acts of infringement, request the destruction
of the products and vehicles confiscated particularly in accor-
dance with subparagraph (iii),
vi) request the disclosure to the public and to those related with
the court’s judgment by means of publication, costs of which
to be met by the offending party.
Article 63 stipulates the competent courts for the civil proceedings
by the proprietor of the trademark against third parties. The competent
court, for the institution of civil proceedings by the proprietor of a
trademark against the third parties, is the court of the domicile of the
plaintiff or of the place where the acts was committed or of the place
where the act had effect.
Where the plaintiff is not domiciled in Turkey, the competent court
is the court of the domicile of the authorized agent and if the agent’s
registration has been cancelled, the court of the domicile of the Institute.
The Competent Court, for the institution of proceedings by the
third parties against the proprietor of a trademark, is the court of domi-
cile of the defendant. If the applicant or trademark right holder is not
domiciled in Turkey, the competent court is the court of the domicile
of the authorized agent and if the agent’s registration has been can-
celled, the court of the domicile of the Institute. Where there are sev-
eral competent courts, the court at which the proceedings are initiated
first shall be the competent court.
General Provisions
Article 64 stipulates the compensation provisions. Pursuant to arti-
cle 64, the person who, without the consent of the proprietor of the
trademark, procedures, sells, distributes or puts the goods into com-
mercial use or imports for commercial purposes or keeps in possession
shall be liable to remedy the illegality and to compensate the damages
he has caused. Despite being warned by authorized trademark holder
to stop further trademark infringement or misuse, the person who used
in any form of plagiarized trademark, shall be liable to compensate the
damages he has caused.
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