If Your Design is Imitated in Turkey

Turkey is the economic center of the Balkans, Middle East, Caucasia, Central Asia due to its geographical position and cultural features.

Population of Turkey is approximately 75 million and it entertains 40 million tourists in a year.

Turkey is among the top 15 countries of the World with its trading market size and economy.

Per capita income is above 10 thousand Dollars in Turkey.

The Turkish economy has material investments in the textile, food and automotive sectors in particular.

Considering all this economic data, Turkey is a big market; thus, there are imitated trademarks and products on such a large market inevitably.

Considering the geographical and economic conditions of Turkey, it is inevitable for imitated products to be launched to spread to all countries of Europe, Russia, Middle East, Caucasia and Central Asia.

A most part of the imitated products are produced in Turkey and an important part of them consist of imported products and are offered to the market over the Turkish market.

It is essential to primarily struggle against imitated products to protect reputation of trademarks and products.

Imitated Design Regulations in the Turkish Law;

The Turkish Law include serious sanctions against imitated designs.

The legal and penal sanctions against imitated products are regulated in the Turkish Commercial Code (TTK) Unfair Competition section, Trademark Law No. 554 and Customs Law.

Shipment of imitated products trademark to the customs for export from Turkey or bringing them to the customs for import to Turkey from abroad constitutes a design violation under the Turkish Law.

Thus, legal proceeding may be applied to all imitated products which are at the Turkish Customs and subject to any official process (including transit).

Turkey has enacted laws, signed international conventions and even established special courts and police departments related to trademark, patent, design and intellectual rights for struggle against imitation.

However, struggle against imitation has been mostly imposed on the trademark owner in the design law.

Unfortunately, imitated product has been a sector. The persons/firms making an imitated design are in the form of extremely professional criminal organizations and thus they know the gaps in the Law and Turkish Patent Institute practices well.

The Major Problem suffered by the attorneys in Design Cases;  Failure to accurately express the similar aspects of the product expressed on the design certificate and imitated product to the court and technical experts.

Attorneys who do not actively engage in design registration are insufficient in this respect although they have knowledge in respect of the design law.

Therefore, the firms products of which are imitated should get support from the law offices experienced in the field of Trademark Patent Law in order to benefit from the legal and penal sanctions.

Our Office provide registration and attorney service to the largest furniture firm of Turkey, Asansor Panel, souvenir firm, Dress Hanger firm and hundreds of firm in respect of design registration and law. 

Eltutan Patent & Law operates with the practical and theoretical knowledge gained by it since 1997.