Is Custom Recordal of Intellectual Property Rights (IPRs) available in Turkey?
Is Custom Recordal of IPRs compulsory in Turkey?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Turkey?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Turkey?
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.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
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.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Turkey by land, sea, and air?
The Customs authority has a centralized system.
Is there an online system for Custom Recordal in Turkey?
What is the official fee for Custom Recordal in Turkey?
There is no such fee.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
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.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Turkey?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs department suspends the clearance of imported goods upon finding that the goods are infringing in nature.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The Customs authority informs the rights holder to inspect the goods and decide upon the nature of alleged infringing goods.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
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.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Turkey? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
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.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?