TRADEMARK

For Trademarks

The proprietor of a trademark shall be entitled to prevent all third parties not having his consent from using the trademark as described herewith:
a) use of any sign which is identical with the registered trademark in relation to goods and services which are identical with those for which the trademark is registered, 
b) use of any sign where, because of its identity with or similarity to the registered trademark and identity or similarity of the goods and services covered by the registered trademark and sign, there exists a likelihood of confusion on the part of the public including likelihood of association between the sign and the trademark,
c) use of any sign which is identical with or similar to the registered trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the use of 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 may be prohibited under the first paragraph,

a) affixing the design to the goods or to the packaging thereof, 
b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder, 
c) importing or exporting the goods under that sign, 
d) using the sign on business papers and in advertising. The rights conferred by a registered trademark shall prevail against third parties from the date of publication of the 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 an application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court may not decide upon the merits of the case until the registration has been published. 

Legal Actions Can Be Taken In Case Of Trademark Infringement

A proprietor of a trademark whose rights have been infringed may in particular appeal for the following at the Court: 

a) for the cessation of the acts of infringement,
b) appeal for remedies of infringement and request compensation for damages incurred,
c) request the confiscation of the products and the equipment and machinery used to produce these products, those having infringed the trademark right, the production and the use which is a felony, 
d) appeal for the proprietorship over the products confiscated in accordance with subparagraph (c); in this case the value of the products shall be deducted from the compensation awarded. If the value of the products turn out to be above the compensation value awarded, the proprietor of the trademark shall repay the balance to the infringing party. e) appeal for enforcement measures for the prevention of continued infringement of rights, request the erasing of the trademark from the products and vehicles or if it is essential for the preclusion of the acts of infringement request the destruction of the products and vehicles confiscated particularly in accordance with subparagraph (c), f) request the disclosure to the public and to those related of the courts judgement by means of publication, costs of which to be met by the offending party. 

Penalties For Trademark Infringement

a) Those making false declaration with respect to true identity of the trademark right holder, or those falsely presenting themselves as the proprietor of a trademark application right or a trademark right shall be sentenced to an imprisonment term of between one and two years and to pay a fine of between three hundred million liras and six hundred million liras; 

b) Having committed the acts without authority, those transferring or placing as security or undertaking any other such action for utilising any one of the rights of transfer, placing of security, execution of levy and other such rights provisioned in the related articles and the licenses thereof, and those affixing sings on a product produced or put to sale by own self or by others, or on its packaging thereof or on commercial documents or on advertising material in such a way that would convey the impression as if a relationship exists with a legally protected trademark right, or of using to the same effect writings, sings or expressions in the advertisements and commercials at the published and visual media without being the rightful proprietor of the trademark or after the expiry of the protection term or after the invalidation of the trademark right or after the termination of the trademark right shall be sentenced to an imprisonment term of between two and three years and to pay a fine of between six hundred million and one billion liras; 

c) Those who have committed any one of the felonies specified in Article 61 shall be sentenced to an imprisonment term of between two and four years and to pay a fine of between six hundred million and one billion liras, furthermore Judgment shall be ruled to close down the premises of their undertaking for a period not to be less than one year and they shall be prevented from practicing any commercial activity during the same period. 

d) Where the felonies stated above are committed by those working in the undertaking whether on their own initiative or under instructions while carrying out their duties, the employees and the owner or the manager or their representative and the person holding whatever title whatsoever who is de facto managing the undertaking who have not prevented the misdemeanour shall be punished in the same manner.

e) Criminal suits can be filed against the persons involded in the infringement 


f) The proceedings with respect to the felonious acts should be initiated within two years of the date of being informed of the act and the actor. The complaints with respect to acts falling within this scope shall be treated as of urgent matters.

(*) With the 28.07.1999 dated ve 4421 numbered Turkish Criminal Code and the Regulation for the Amendments on the Execution of the Penalites (article 4 6/9) the monetary fines have been increased as 8 times which are implemented between the dates 01.01.1994 ile 31.12.1998.

PATENT / UTILITY MODEL

Rights And Punishments That Patent / Utility Model Registration Obtained

- Those making false declaration with respect to the declaration or those removing, without authority the sign indicating a patent right rightfully placed on a product or on its packaging; or those falsely presenting themselves as the right holder of an application for patent or of a patent shall be sentenced to an imprisonment term of between one and two years and to pay a fine of between 14.000 New Turkish Liras (fourteen billion Turkish liras) and 27.000 New Turkish Liras (twenty seven billion Turkish liras),

– Having committed the acts unrightfully and without authority or who should have known that they have no right to perform such actions, those transferring or placing as security or performing any other such action for utilizing any one of the rights of transfer, placing of security, execution of levy and other such rights as provisioned under Article 86 and transferring to some other person the license pertaining to such right, and those affixing signs on a product or on its packaging, produced or put to sale by own self or by others, or on commercial documents or on advertising material in such a way that would convey the impression as if a relationship exists with patent under protection, or of using to the same effect writings, signs or expressions in the newspapers, advertisements and commercials without being the right holder of the invention under patent protection or after the expiry of the term of protection of patent or after the invalidation or after the termination of the patent on grounds shall be sentenced to an imprisonment term of between two and three years and to pay a fine of 27.000 New Turkish Liras (twenty seven billion Turkish Liras) and 46.000 New Turkish Liras (forty six billion liras),

– Those who have committed any one of the felonies shall be sentenced to an imprisonment term of between two and four years and to pay a fine of between 27.000 New Turkish Liras (twenty seven billion liras) and 46.000 New Turkish Liras (forty six billion liras), furthermore, judgment shall be ruled to close down the premises of their undertaking for a period not to be less than one year and to prevent them from practicing any commercial activity during the same period.

DESIGN

Legal Rights For  Designs 

In case the number of the designers is more than one, if there are not any agreements on the contrary between the sides, the designers hold the right within the framework of the common ownership provisions. Each holder of the right can do the operations given below to his own name independently from the other:

- Can use their share freely as they demand. The share holders have pre-emptive right in case the share is assigned to third parties. The assignment of the share is made as written and registered in the registry. The institute notifies the share holders in two months for use of pre-emptive right. The pre-emptive right is used within the month that follows the notification.

- Can use the  design after making a notification to the other share holders.

- Can take the necessary measures for the protection of the design. It is possible to give license to third parties for the usage of the design with the condition of all the share holders’ agreement. However, considering the prevailing conditions, the court can give this authority to only one of the share holders in contemplation of equity.

- In case the rights resulting from the common design application or design are violated, criminal action or civil suit can be filed against third parties. For the participation of the other share holders to the suit, the share holder who has filed the suit informs the others within the month following the filing date of the suit. 

INTEGRATED CIRCUIT TOPOGRAPHIES

Legal Rights

The owner of the integrated circuit topography right, has authorization to prevent below actions which are made without his permission:

a)At the exception of reproduce of the pieces which have no conditions of the originality, all or a part of integrated circuit topography that is under the protection to be contained in a integrated circuit or other than this, to be reproduced in any wise.

b)The importation, sale or distribution with trade aim of a product which includes a protected integrated circuit topography, a integrated circuit including a protected integrated circuit topography or integrated circuit topography which is reproduced illegally.