Ata Patent has assembled an experienced group of trademark lawyers in Turkey to help clients protect and enforce intellectual property rights and represent them in trademark criminal infringement in Turkey.
Our trademark attorneys also provide services for; search, application, registration, assignment, renewals, refusals, and protection such as IP litigation, appeal, opposition, cancellation, infringement, monitoring, and IP licensing. Our IP trial attorneys have experience successfully representing clients in court and at the negotiating table. We also have a strong track record of success in a full spectrum of IP law matters.
IP matters can be confusing, even for seasoned business owners. Ata Patent is here to cut through the complexity and offer guidance. We offer client-centric representation to a wide range of businesses and individuals, including those who are looking to secure their intellectual property or who are concerned about violating trademarks.
In today’s world, intellectual property is extremely valuable — now more than ever before. Brands can now reach a global consumer base with a simple click of a button online, thus enhancing the inherent value of business trademarks and copyright.
With the years of experience of our accomplished litigation attorneys, our firm has the ability to effectively represent our clients’ interests in a variety of IP litigation matters including trademark criminal infringement in Turkey.
Trademark Criminal Infringement in Turkey
According to the new articles of the criminal procedure, IP-related criminal actions are defined as public actions to which the IP right holder can join. The procedure starts with a complaint filed before the public prosecutor, including the request for the confiscation of infringing products.
If the prosecutor and/or the judge are convinced of the infringement, they order the police raid for the confiscation of counterfeits. Police raids as part of criminal proceedings may be recognized as the quickest, and one of the most effective, remedies, along with the interim injunction to stop the infringement.
An order for seizure is initiated within one or two days by means of provisions describing the complaint as urgent. In the determination of evidence procedure, the infringer will be informed and will have the chance to hide counterfeits before subsequent raids.
Contrary to this disadvantageous situation, convincing the public prosecutor and the criminal judge to order the police raid is a better path for the disclosure and confiscation of counterfeits. Thereafter, the public prosecutor files a criminal lawsuit before the IP Criminal Courts and the accused may face up to four years of imprisonment and fines.
Most criminal cases wait for the judgment of invalidity lawsuits in Turkey. The person accused of an infringement most probably files a lawsuit for the cancellation of the related IP right. The criminal court cannot inflict a penalty until the civil court’s judgment. If the civil court invalidates the registration of the right holder, there will no longer be an offense.
That is why the criminal judges wait for the other related invalidity actions, especially for design and patent issues. Therefore, it can be said that the time period for criminal proceedings mostly depends on civil actions.
What is a Trademark Infringement?
A trademark is an intellectual property right in a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of goods or services of one party from those of others.
Trademark infringement is the unauthorized use of a trademark, service mark, or a substantially similar mark on goods or services that are competing or related.
Reach us for Trademark Criminal Infringement in Turkey
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.
We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, and litigate in IP courts and before TPTO.
For a free consultation, you may reach our IP litigation attorneys for trademark criminal infringement in Turkey by sending an e-mail or through our Contact page.