Property is a constitutional right. Intellectual property is its integral part. Turkish legislation protects the rights regarding trademarks under Decree-Law on the Protection of Trademarks numbered 556 (“Decree-Law”). Within this scope, the protection of a symbol under the Decree-Law commences at the time (the date and hour) of the application to the Turkish Patent Institute (“TPI”). In this article, the civil and penal remedies that the right holders may apply against unfair registrations and usages under the Decree-Law, such as the process of objection, actions of nullity, invalidity, repeal, infringement, compensation and penal cases, will be emphasized.
Process of Objection
Pursuant to Articles 7 and 8 of the Decree-Law, the entrance of other symbols may abuse the rights of the registered trademark holders in business life can be prevented[2], registrations that are made in bad faith became a reason for invalidity. Nevertheless, the Court of Cassation provides contradictory decisions, as well.
Any person who has suffered, the State Prosecutor or related official authorities may initiate an action of invalidity. The defendant of this case shall be the proprietor of the wrongfully registered trademark with the trademark registry. Although an exact foreclosure period in which to initiate such an action has not been regulated under the Decree-Law, pursuant to the established case law[4] shall be initiated. In these cases, the following precautionary measures may be requested; cessation of the acts of infringement, maintaining custody of the produced or imported goods that have infringed the trademark rights, ordering the placement of security for damages to be recompensed, or other measures that are ordered by the court. In addition, confiscation by the customs authorities may be requested in the event that the infringed goods are confiscated by the customs authorities[6]. These acts are recounted conclusively because of the principle of legality regarding crime and punishment. Prosecution of the punishment shall be subject to complaint. Conciliation is possible. An accused may benefit from the provisions of effective repentance in the event that s/he reveals where s/he purchased the goods on the condition that those persons are apprehended.
Conclusion
In business life, every day, the rights of trademarks or the symbols that have not been registered, but are frequently used, are infringed upon. The legislation regulates civil and penal remedies to protect the right holders. Sometimes, people are unaware that they have breached another person’s rights. Therefore, more stringent remedies are assessed towards individuals who have acted in bad faith. All of these regulations aim to create a just competitive environment where intellectual property rights are not breached. With our following article, we will comment on the provisions of unfair competition which serve to create this environment.
[2] Decision of the Assembly of Civil Chambers of the Court of Cassation, dated 16.07.2008 and numbered 2008/11-501 E. 2008/507 K. may be given as an example in the relevant matter.
[4] For more information:http://www.erdem-erdem.com/en/articles/infringement-of-trademark-rights//(accessed on 28.10.2015).
[6] For more information:http://www.erdem-erdem.com/en/articles/infringement-of-trademark-rights//(accessed on 28.10.2015).
