|
A trademark owner is entitled to prevent all third parties not having his consent from using the trademark as described herewith:
- use of any sign that is identical with the registered trademark in connection with the same goods or services within the scope of the trademark registration;
- use of any sign that is identical with or similar to a registered and covers the same or similar goods or services as those covered by the registered trademark and consequently entails a likelihood of confusion of the public, including the possibility of suggesting a connection between the sign and the registered trademark,
- use of any sign that is identical with or similarity to the registered trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the that sign without due cause takes unfair advantage of or is detrimental to the distinctive character or the repute of the registered trademark.
|
 |
The following acts may be prohibited pursuant to the first paragraph,
- affixing a sign on the product or its or its packaging,
- offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder,
- importing or exporting the goods under that sign,
- using the sign on business documents advertisements of the enterprise..
The rights conferred by a registered trademark shall prevail against third parties from the date of publication of registration of the trademark. Compensation may be claimed in respect of matters arising after the date of publication of a trademark application. However, the rights arising from the publication of a trademark application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court seized of the case may not decide upon the merits of the case until the registration has been published.
|
Litigation Overview
In terms of enforcement, Turkish IP law allows both civil and criminal actions. Preliminary injunctions can be claimed in actions. IP litigation in Turkey generally begins at specialised IP or civil courts depending on the place of judgment, and moves on to the Supreme Court if an appeal is filed. There are four specialised penal courts and three specialised civil courts.
If the infringer is resident in Istanbul, Ankara or Izmir the criminal or civil case will be lodged before the IP courts. Approximately half of the total actions taken so far have been in Istanbul. In other cities the case will be lodged with the civil courts acting as IP courts. Criminal proceedings can be instituted by filing a complaint directly with the public prosecutor.
The exclusive rights conferred by an IP right are mainly directed at prohibiting third parties from using such intellectual property.
In general, civil actions may include requests for determination of infringement, cessation of the acts of infringement, seizure of counterfeit goods and compensation of damages. Criminal actions may include imprisonment, pecuniary punishment, closure of job sites and prohibition of commerce.
Persons making false statements during the process of granting an IP right, those removing, without authorisation, the sign indicating an IP right on a product or those falsely presenting themselves as the owner of an IP right are subject to a maximum fine of YTL46,000 (US$35,000) and imprisonment of up to three years.
Although timescales are dependent upon the complexity and type of the IP right, in general cases with little technical involvement such as trademark/industrial design infringement or unfair competition take approximately two years to complete, whereas patent infringement cases may take up to three years or more to complete, given the necessity for expert reports.
|
|