Following shall be considered infringement of a design right

a) without the consent of the design right holder, to make, produce, put on the market, offer, sell, put to use, import or keep in stock for these purposes the identical or significantly similar design;

b) to transfer to third parties or to expand rights acquired by a licensing contract;

c) to participate or to assist or to encourage or to facilitate in whatever form the acts referred in sub-paragraphs (a) and (b);

d) to abstain from explaining where and how an illegally produced and marketed product has been obtained when found in possession;

e) seizure of entitlement.

Where the application for a design has been published in accordance with Article 34 of this Decree-Law, the application right holder has the right to institute civil and penal proceedings against the infringing party. Where the infringing party has been informed of the application and its scope, infringement shall be considered to exist before the publication when the court rules that the infringing party was acting in bad faith.

Lack of any indication on the product, its packaging or in the invoice that the design is registered shall not constitute a negation of the infringement.

Indications of registration shall be taken into consideration in the valuation of the infringement.

penalties prescribed by law

As stated at the Article 48/A added to the Governmental Decree Law no .554 relevant with the protection of the Industrial Designs with the Article 3 of Law no.4128 ;

1) Those making false declaration with respect to true identity of the design right holder, or those removing without authority the sign indicating a design right rightfully placed on a product or on its packaging, or those falsely presenting themselves as the proprietor of a design application right or a design right shall be sentenced to an imprisonment term of between one and two years and to pay a fine of between three hundred thousand and six hundred thousand liras;

2) Having committed the acts without authority, those transferring or placing as security or undertaking any other such action for utilizing 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 signs 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 design right, or of using to the same effect writings, signs or expressions in the advertisements and commercials at the published and visual media without being the rightful proprietor of the design right or after the expiry of the protection term or after the invalidation of the design right or after the termination of the design right shall be sentenced to an imprisonment term of between two and three years and to pay a fine of between six hundred thousand and one billion liras;

3) Those who have committed any one of the felonies specified in Article 48 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 judgments shall be ruled to close down their workplace for a period not to be less than one year and they shall be prevented from practicing any commercial activity during the same period.

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 misdemeanor shall be punished in the same manner. Where the felonies stated in Article 48 have been committed during the execution of tasks related with a legal entity, the legal entity shall also be liable for the fines, expenses and damages in succession of the real persons who have committed the misdemeanor. For those assisting the acts, depending on the nature of the action the provisions of the Articles 64, 65, 66 and 67 of the Turkish Penal Code shall apply.

Prosecution with respect to the felonies stated above shall be subject to complaint. Subparagraph 8 of paragraph 1 of Article 344 of the Criminal Procedures Code No 1412 shall not apply for the implementation of the provisions of this article. The right of complaint belongs to the person whose design right has been infringed, and additionally belongs also to the Institute for all felonies except those provisioned in article 48, and to the Consumer Associations and to establishments under the jurisdiction of Laws no 5590 or no 507 for acts of false declaration with respect to true identity of the design right holder, and for acts of affixing signs on a product produced and put to sale by own self or by others, or on its packaging or on commercial documents or on advertising material in such a way that would give the impression as if a relationship exists with a protected design right, or of using to the same effect writings, signs or expressions in the advertisements and commercials at the published and visual media without being the rightful proprietor of the design right or after the expiry of the protection term or after the invalidation of the design right or after the termination of the design right. 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 related to felonies at this scope are considered one of the pressing matters. According to these Law Provisions at the seizure or destroying of the goods whose production and usage is needed the penal because of the infringement arising from the design right application or design protection and instruments as apparatus, material, device, machine which are necessary to produce these goods, the provision of the article 36 of the Turkish Penal Code and concerned provisions of Code of Criminal Procedure shall apply.