Article 53
(1) The following uses of a registered geographical sign shall be considered as infringement:
a) Any direct or indirect commercial use of a registered geographical sign or the emblem outlined in Article 46 in relation to the products within the scope of the register or comparable products in a way to exploit the reputation of the registered geographical sign where they do not carry the properties specified in the register.
b) Any deceptive use, replicas or any associative use about the place of origin or the translation of the geographical sign or the geographical sign itself even it is accompanied by expressions such as ‘style’, ’type’, ‘method’, ‘as produced in’.
c) Any use of false or misleading indication or description about the origin or the properties specified in geographical sign register of the product, on the inner or outer packaging, promotional material or on any type of written material related to the product.
ç) Any deceptive use of the emblem of registered geographical sign.
(2) Those who have the right to use the geographical sign may request a claim to be filed before court by notifying the registrant through a notary public. If the registrant does not accept this request or file a claim within three months from the notification date, those who have the right to use the geographical sign may file a claim by including the notification made to the registrant. The legal proceeding shall be notified to the registrant. However, in the event of a serious risk of harm, those who have the right to use may request from the court for a precautionary ruling be made, regardless of the time requirements. If a precautionary ruling is made, the specified time requirement to file a claim is not applied.
(3) The fact that the record of registration of the geographical sign is not presented on the product, packaging or invoice does not exclude the action from being an act of infringement. However, the records and signs related to registration shall be taken into consideration during the evaluation of the fault.
(4) Where a geographical sign application is published, the applicant is entitled to appeal to the Court for acts of infringements stated in this article. If the aggressor has been informed about the application and its scope, the requirement of the application to be published is disregarded. If the court decides that the aggressor violates the rights in bad faith, the act of infringement shall be accepted prior to the publication of application.