2016.ANA METIN ingilizce.01

on just cause, the trademark shall not be repealed. The provisions of

the action of invalidity regarding the regulations of claimants, defen-

dants, competent courts and decision shall apply to action of repeal.

Cases of Trademark Infringements

Trademark infringements shall be determined as “

the usage of

rights arising from a registered trademarks protected in Turkey and

during the time of protection without the permission and/or consent of

the right holder.

” The Decree-Law recounted acts of infringement

under Articles 9 and 61, in detail. Within this scope, cases aiming to

determine proof, cases of determination of infringement, negative

declaratory actions to determine the non-existence of the infringement,

and actions for performance

shall be initiated. In these cases, the fol-

lowing precautionary measures may be requested; cessation of the acts

of infringement, maintaining custody of the produced or imported

goods that have infringed the trademark rights, ordering the placement

of security for damages to be recompensed, or other measures that are

ordered by the court. In addition, confiscation by the customs authori-

ties may be requested in the event that the infringed goods are confis-

cated by the customs authorities

Actions for Compensation

The above-mentioned actions do not require the presence of negli-

gence or damage. However, it is obvious that in the event of negligence

or damage, the right holder is entitled to initiate an action for compen-

sation. Within the scope of these actions, the burden of proof is on the

claimant and compensation regarding material, moral damages and/or

loss of reputation shall be requested.

Penal Actions

Article 61/A of the Decree-Law enumerated acts that are punish-

able within the scope of penal law

. These acts are recounted conclu-

322

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For more information:

rights// (accessed on 28.10.2015).

For more information:

intellectual-property-and-confiscation-by-customs/ (accessed on 28.10.2015).

For more information:

rights// (accessed on 28.10.2015).