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The trademark holder whose trademark right is violated may make following requests to the court on the basis of the FSEK issued under no 5846;
A) Civil Actions
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Action for eliminating the violation
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Action for preventing the violation
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Action for pecuniary and non-pecuniary damages
B) Criminal Actions
Work owner may also claim for criminal actions in the case of a violation towards his/her pecuniary and non-pecuniary rights
Prison sentence (min: 2 years, max: 4 years) or fine (min: fifty thousand YTL, max: one hundred and fifty thousand YTL) or both, considering the severity of the damages, are imposed for the offenders deliberately acting in defiance of the Law of Intellectual Property Rights.
1.A) Prison sentence (min: 3 months, max: 2 years) or heavy fine (min: ten thousand YTL, max: fifty thousand YTL) or both, considering the severity of the damages, are imposed for the offenders, who, despite the existence of a contract between them, in defiance of the provisions of such contract, sell or distribute the copies of a work or processing duplicated by themselves.
1.B) Prison sentence (min: 3 months, max: 2 years) or heavy fine (min: fifty thousand YTL, max: one hundred and fifty thousand YTL) or both, considering the severity of the damages, are imposed for the offenders, who, without the consent of the right holder, sell a work and its duplicated copies in locations specified in the Clause 7 of FSEK Article 81.
2.) Prison sentence (min: 2 years, max: 4 years) or heavy fine (min: fifty thousand YTL, max: one hundred and fifty thousand YTL) or both, considering the severity of the damages, are imposed for the offenders, who, without the consent of the right holder, processes, duplicates, distributes a work in any manner; legally or illegally brings copies of a work in the country and make them subject to any kind of commerce, displays or represents a work in a public area, arranges this presentation, mediates any kind of mark, voice and/or image required for the distribution or publishing concerning this presentation including digital transmission. |
