Trademark Infringement Law Suits in Turkey

IP Law
Trademark Infringement Law Suits in Turkey, Turkish Law Firm Istanbul, Turkey

A registered trademark owner may ask a Civil IP Court to make a judgment ordering the defendant to stop all infringing activities and make compensation for all damages. The judgment of the IP Court may also include the confiscation and destruction of counterfeit products, along with machinery and other equipment used to produce the counterfeits. Interim injunctions may also be sought before or during the civil infringement cases. The owner of the IP right may seek a preliminary ex parte injunction. Evidence must be very strong to convince the judge to give such a decision without listening to the defendant. However, the courts mostly assign a special hearing date to give a decision on the interim injunction. It is almost impossible to receive an exparte injunction apart from in unquestionable trademark infringement cases.

The court may give an interim injunction ordering the suspension of the infringing acts and seizure of the counterfeits wherever they are found in the territory of country, including customs. The interim injunction remains valid until the end of the main case: then the judment permanently supersedes the injunction.

The interim injunction does not order a one-time seizure like a police raid in a criminal proceeding. As it can be enforced several times in several places, the interim injunction of a civil court ordering the cessation of all infringing acts and the confiscation of all counterfeits may be recognized as the most satisfactory decision in a Turkish IP litigation.

Compensation for material and moral damages can only be requested in a civil proceeding. The plaintiff has to choose one of the three options described in decree laws for the calculation of his material damages. The most frequently chosen option is the income of the infringing party when using the owner’s IP right. Material damages may also be calculated according to the possible income of the right holder if the infringement did not exist and the license fee if the infringing act was lawful.

Reach our Trademark Infringement Lawyers

Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized trademark law practice, our firm is now one of the leading law firms in Istanbul, Turkey. You may reach our trademark lawyers by email to info@akkaslaw.com or through our Contact page.

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