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Custom Recordal of IPRs in Turkey

Turkey

Custom Recordal of IPRs
Yes
No
Yes
Article 57 of the Customs Law No. 4458 and the articles between 100 and 111 of the Implementation Regulation of Customs Law form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Turkey. The regulations cover IPR border measures that comply with Council Regulation No. 1383/2003 and Commission Regulation No. 1891/2004.
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs evaluate the applications and inform the rights holders about suspicious goods. On finding that the goods are suspicious, they suspend their release. They also act according to the court decision or a written agreement made by the declarant, the holder, or the owner of the goods.
The rights holders may register their IP rights via an online central application filed before the Turkish Customs Ministry, which has effect over all Turkish borders and customs authorities.
The documents to be submitted are as follows:
  • Documents evidencing that the applicant is the real rights holder (for instance, the IP rights registration certificate);
  • A power of attorney notarised and legalised (by apostille) if the application is filed via a legal representative; and
  • A signatory circular evidencing the authorisation of the applicant if the application is filed in the name of a legal entity.
No
Upon receiving an application for action, the competent customs department processes the application and notifies the applicant in writing of its decision within 30 working days.
The Customs authority has a centralized system.
Yes
There is no such fee.
The Customs provides up to 01 year of protection from the application date of the recorded rights. The registration can be renewed periodically and will always provide a 01-year period of protection.
Yes
The customs department suspends the clearance of imported goods upon finding that the goods are infringing in nature.
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
10 days
No
No
No
N/A
The Customs authority informs the rights holder to inspect the goods and decide upon the nature of alleged infringing goods.
The option of court proceedings is given to the rights holder. However, upon request of the rights holder and consent of the owner of the goods, the Customs authorities destroy the goods without a court decision.
No
Yes
The possible remedies awarded by the court are as follows:
  • Goods found to infringe an intellectual property right can be destroyed;
  • The goods can be disposed of outside commercial channels;
  • The goods can be delivered to the owner following the alteration of its characteristics; and
  • The goods can be abandoned to the exchequer following the alteration of its characteristics.
No