Law :.......

     THE LEGAL RESULTS OF REPRODUCTION

AND INFRINGEMENT

     As it is being necessary for the integration of Turkey with the world markets and developing the technology in our country, the “Intellectual Property” laws issued dating from the year 1995 and the established of the Turkish Patent Institute have provided very effective regulations.

The new regulations, which are being valid from the year 1995, have provided considerable tangible and penal responsibilities against the reproduction applications.

1. The goods of whose trademark, design, patent or utility model are reproduced are collected by means of the financial police by applying to the Attorney General.

2. The owner of the intellectual property, which is reproduced, may collect all the losses of his earnings or all the incomes gained by the reproducer by selling the reproduced good, as well as collecting the reproducer’s goods. He may advertise at the newspapers published in the whole country and the reproducer will cover the expenses.
3. The person or the company managers who make reproduction or dispose for commercial aims are punished with a prison sentence of from 2 years to 4 years. Furthermore, a fine of minimum 20.000$ is applied.
4. The punishment of prohibition from the trade can be given as well as confiscating the machinery and equipment, which are used to produce the reproduction goods.
5. The holder of the right may demand both tangible and moral indemnities for the covering of his all loses with the suits brought to action at the courts where the holder is or at the major courts.
6. The goods of the reproducer may be confiscated also at the customs.
7. The reproduced goods may either be annihilated or be given to the ownership of the intellectual right holder under specific conditions.
8. Thanks to the increasing specialization both at the criminal courts and at the civil courts, the procedure is enforcing more quickly day by day. Anyway, the collection of the goods by the financial police is quickly realized in one or two days.
9. The measure decisions related to the collection of the goods are resulted in a few days with or without secure.

...l THE WRITTEN DECREE THAT HAS THE FORCE
OF LAW ABOUT PATENT RIGHTS PROTECTION WITH NO:551

...l THE WRITTEN DECREE THAT HAS THE FORCE
OF LAW ABOUT INDUSTRIAL DESIGNS PROTECTION WITH NO:554