TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
tion of counterfeit goods through court orders. There are also border enforcement measures that allow rights-holders to request that customs authorities prevent the entry or exit of counterfeit goods. Individuals or entities involved in counterfeiting can be subject to criminal liability under Turk - ish law. Criminal penalties may include fines and imprisonment. Bootlegging Bootlegging typically involves the unauthorised reproduction, distribution or sale of copyrighted materials such as music, movies or other media, often without the consent of the copyright owner. Similar to counterfeiting, Turkish law provides procedures and remedies to address bootleg - ging. Copyright owners can take legal action to prevent the unauthorised reproduction or dis - tribution of their works, seeking damages and injunctions against bootlegged copies. Those involved in bootlegging can also face criminal liability under Turkish law. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings Türkiye has specialised IP courts that exclusively handle IP cases, including trade mark and copy - right disputes. These courts are equipped with judges who specialise in IP law. Parties can pre - sent their case to the judges and provide evi - dence to support their claims that can influence the court’s decision. Although IP judges may have specialised knowledge, technical expertise might be provided by court-appointed experts
to assist in cases involving complex technical or scientific aspects. 8.2 Effect of Registration Trade mark registration can create a presump - tion of validity. This can simplify the burden of proof in litigation by placing initial evidentiary weight on the registered rights. However, if the trade mark that is the ground for infringement action has been registered for at least five years at the date of the proceeding – upon the request of the opposing party – the complainant will be asked to submit evidence proving that they had genuinely used their trade mark on the goods and services during the five- year period or that they have a proper reason for not using their trade mark during that period. Should the complainant fail to prove the afore - said, the action will be refused. 8.3 Costs of Litigating Infringement Actions The typical costs for bringing a trade mark or copyright infringement action to conclusion in the first instance are as follows. • Legal fees – lawyers’ fees can vary based on their experience and expertise, as well as on the complexity of the case. • Court fees and expenses – court filing fees, administrative charges, and other expenses related to court proceedings contribute to the overall costs. These fees can differ depending on the nature and scope of the case. • Evidence and expert costs – costs associated with obtaining evidence, expert opinions, sur - veys, and other supporting materials required for the case can add to the overall expenses. • Appeals and further proceedings – if the case is appealed or requires further proceedings
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