TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
Costs Before Filing Lawsuits The specific costs can vary based on the com - plexity of the case and the actions taken before filing a lawsuit. Although representation by a law - yer is not mandatory, it is highly recommended. Foreign Trade Mark or Copyright Owners Foreign trade mark or copyright owners can bring infringement claims in Türkiye. However, to assert their rights effectively, having their trade mark registered in Türkiye and especially using their trade marks in Türkiye can strengthen for - eign trade mark or copyright owners’ position and the enforceability of their claims. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants In Türkiye, an alleged trade mark or copyright infringer may initiate declaratory judgment pro - ceedings under certain circumstances. A poten - tial defendant might seek a declaratory judg - ment to challenge the validity of the asserted trade mark. They might also seek a declaration from the court affirming non-infringement based on specific grounds, such as fair use or lack of similarity. The alleged infringer may start declaratory judg - ment proceedings if they anticipate being sub - ject to a trade mark or copyright infringement claim and wish to seek clarity on their legal posi - tion. Defendants might also opt to start parallel or related proceedings in other courts to chal - lenge the validity of the IP rights or address
copyright matters) are typically heard in special - ised IP courts, which handle cases irrespective of the claim size. 7.8 Effect of Trade Mark and Copyright Office Decisions Decisions or determinations made by TÜRK - PATENT regarding trade mark registrations can serve as important evidence in court proceed - ings. Additionally, courts may take into consider - ation the decisions or findings of TÜRKPATENT when evaluating infringement actions. However, courts retain the authority to conduct an independent examination of the facts and make their own determinations. Importantly, courts are not obliged to strictly follow the con - clusions or decisions made by TÜRKPATENT. They have the discretion to assess the evidence and make their own judgments based on the merits of the case. 7.9 Counterfeiting and Bootlegging In Türkiye, counterfeit marks or copyright coun - terfeiting refer to the unauthorised production, distribution or use of goods or works that imi - tate or replicate a registered trade mark or copy - righted material without the permission of the rightful owner. Counterfeit Marks or Copyright Counterfeiting Counterfeit marks involve the unauthorised use or reproduction of a registered trade mark, whereas copyright counterfeiting pertains to the unauthorised copying, reproduction or distribu - tion of copyrighted works without the owner’s authorisation. Turkish law provides specific procedures and remedies to combat counterfeiting, including civil and administrative actions. Rights-holders can seek injunctions, damages, and the destruc -
related legal issues. 7.7 Small Claims
According to Turkish law, there are not any spe - cialised alternative forums specifically dedicat - ed to resolving small trade mark or copyright claims. IP disputes (including all trade mark and
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