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Article 30 - Criminal provisions related to trademark infringement

Turkish Industrial Property Code (Law No. 6769)
Article 30

Criminal provisions related to trademark infringement


Article 30

(1) A person who produces or provides services, puts on the market or sales, imports or exports, buys for commercial purposes, possesses, transports or stores, while infringing a trademark right through quotation or likelihood of confusion, shall be sentenced from one year to three years of imprisonment and punished with judicial fine up to twenty thousand days.
(2) A person who removes the sign indicating the trademark protection from a product or packaging without authorization shall be sentenced from one year to three years of imprisonment or punished with judicial fine up to five thousand days.
(3) A person who makes, without authorization, a disposition of a trademark right, which is owned by someone else, by transferring, licensing or pledging shall be sentenced from two years to four years of imprisonment and shall be punished with judicial fine up to five thousand days.
(4) If the crimes indicated in the provisions of this Article are committed by acts of a legal entity, additionally specific security measures shall be taken.
(5) To give a sentence due to the crimes indicated in this Article, it is mandatory that the trademark is registered in Turkey.
(6) Investigation and prosecution of the crimes indicated in this Article are subject to complaint.
(7) If a person, selling or putting on the market a counterfeit product, submits information about where he acquired those goods and, thus, contributes to the detection of the producers and the seizure of the products, he shall not be sentenced.


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