 The trademark holder whose trademark right is violated practices upon the special regulations and generally Turkish Commercial Code provisions regulating the unfair competition (Law Enforcement Bylaw Article no 551; Turkish Commercial Code Article 56 and cont.)
The protection of patent right is ensured through both civil and criminal actions.
A) Civil Actions
The designing right holder whose rights arising from the design are violated may claim for the following (Law Enforcement Bylaw article 49):
1. Action for preventing the violation
2. Action for calling off the violation
3. Action for eliminating the violation
4. Action for determining the violation
5. Action for damages
a) Action for pecuniary damages,
b) Action for non-pecuniary damages
c) Action for reputation damages
6. Attachment
7. Establishment of property rights on products and tools
8. Reshaping and extirpation
9. The notification of the verdict to the concerned authorities, promulgation of the verdict to public via publishing, and announcement of the verdict.
10. Cautionary junctions
B) Criminal Actions
Criminal impositions are implemented towards the offenders performing acts deemed as violations to patent rights registered in conformity with the Law Enforcement Bylaw provisions (article 73/A). With the amendment made through Code no 5194 on the article 73/A of the Law Enforcement Bylaw on 22.06.2004, the penalties have been aggravated and the protection of utility model has been included under state protection.
As per the amendments, the penalties, depending on the offender of the crime and character of the act;
1 Prison sentence (min: 1 year, max: 4 years)
2 Fine (min: Twenty seven thousand YTL, max: Forty six thousand YTL)
3 Closing down of the business enterprise (min: 1 year)
4 Offenders debarment from commerce (min: 1 year) |
