Penalties of Imitation of a Trademark

Article 61 /A-

a) Those making false declaration with respect to true identity of the trademark right holder, or those falsely presenting themselves as the proprietor of o 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 some 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 on 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 on imprisonment term of between two and four years ond 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 hove not prevented the misdemeanor shall be punished in the same manner.

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

f) The proceedings with respect to the felonious acts should be initiated within two years of the dote 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.

 
Geri