06.ANA METIN ingilizce.18

The contracting parties of these conventions create a connection

that protects IPs internationally by adapting their own legislation to the

necessary qualifications counted in the Conventions. Turkey has rati-

fied all of the above-mentioned Conventions and, despite being a slow-

er-developing country, she is surrounded by a wire as thick as devel-

oped countries. In addition, pursuant to Turkish Constitutional Law

Art. 90, the provisions of international conventions entered into force,

legally, have priority over the national law.

One of the points that can be deemed as a guarantee for investors

is the “National Treatment Principle” counted in the Conventions

(Paris Convention Art 2 and 3, Bern Convention Art 3 and 5, TRIPSArt

3). According to this principle, the same rights concerning material law

issues of IPs granted to Turkish citizens must be granted to foreigners,

as well. Procedural matters are not included in this principle since the

Conventions grant exceptions regarding civil and administrative proce-

dures.

Nevertheless, foreigners shall register their rights with the Turkish

Patent Institute to be able to benefit from the provisions of Turkish leg-

islation.

Infringements regarding intellectual property and related sanctions

are counted in the relevant legislation

. In this article, we emphasize

the confiscation of pirated goods by administration of customs.

Confiscation by Customs

Confiscation by customs is regulated under the Law on Customs

(“LC”), Art. 57, and the Regulation on Customs (“RC”), Art. 101, and

the articles that follow. This is a precaution that covers all kinds of IPs

(Paris Convention Art. 9, TRIPS Art. 69).

Pursuant to RC Art. 101, the precautions include goods that are

subject to an approved transaction or use by customs, which are

considered to breach, or in fact breach, IP rights. This precaution is

INTELLECTUAL PROPERTY LAW

369

For more information:

lectual-and-artistic-works-2/ (accessed on 22.12.2014) ,

cles/infringement-of-trademark-rights// (accessed on 22.12.2014).