387 / 521
The Following Process
The right holder, within 10 work days (if the goods are subject to
fast deterioration, within 3 work days) after the custom’s notification,
shall initiate a lawsuit with the competent court, and obtain an injunc-
tion, or apply to a non-competent court to obtain an injunction, and ini-
tiate a lawsuit within 10 days after obtaining the injunction, and pro-
vide to the customs a document which shows that the lawsuit has been
initiated. If the customs administration has not been informed that legal
proceedings leading to a decision on the merits of the case have been
initiated, customs procedures shall be carried out in accordance with
the request of the owner of the goods. For goods that have been con-
fiscated in the absence of an application, the time period begins to run
from the application of the right holder to the customs administration.
The periods may be extended upon the existence of just cause, except
the periods for fast deteriorating goods.
After the confiscation by customs, the right holder should act
immediately; otherwise, the precaution taken by customs expires. The
right holder who is domiciled abroad should note that these necessary
actions can be taken only by their agents who are domiciled in Turkey.
Conclusion
WTO completed the necessary examinations related to Turkey in
the term of 2000-2001. With this examination, it has been determined
that performances intending to achieve the compliance of our legisla-
tion with TRIPS are sufficient
3
. Besides the protection wire created
within this scope, in the event that the application of the precaution of
the confiscation by customs applies adequately, the infringements of
the IP rights of local and foreign right holders will be prevented during
the export, import and transit of the pirated goods.
INTELLECTUAL PROPERTY LAW
371
3
http://www.mfa.gov.tr/fikri-mulkiyet-haklarinin-uluslararasi-duzeyde-korunmasi—-dunya-
fikri-mulkiyet-orgutu-_wipo_.tr.mfaaa (accessed on 22.12.2014).