TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
10. Remedies 10.1 Injunctive Remedies Trade Mark Infringement in Turkish Law In cases of trade mark infringement, Turkish law permits the trade mark owner to apply for prelim - inary injunctions through courts to halt potential infringements. The court may issue such injunc - tions if there is a high likelihood of infringement, but this is contingent on the presentation of clear facts and strong evidence. The measures taken can include the cessation of infringing acts or the seizure and custody of infringing products. How - ever, these injunctions are rarely granted without substantial evidence. Additionally, the court may request a security deposit from the plaintiff as a safeguard. Copyright Infringement in Turkish Law Copyright infringement can include actions such as preventing the sale or distribution of infringing products and the destruction of infringing mate - rials. Additionally, rights-holders can request the publication of the court’s verdict in a gazette. 10.2 Monetary Remedies In Turkish law, there are specific provisions for monetary remedies in cases of trade mark and copyright infringement. Trade Mark Remedies in Turkish Law In Türkiye, trade mark infringement allows for compensation covering moral and material damages. The plaintiff can choose from three calculation methods for material damages – namely, potential income without infringement, the infringer’s net income from using the trade mark, or the equivalent licensing fee. Moral dam - ages are determined by the court based on the infringement’s severity and are intended to pro - vide fair restitution rather than punitive meas - ures.
Copyright Remedies in Turkish Law Copyright infringement remedies typically involve royalty compensation, assuming a hypothetical contract between the parties, with claims up to three times the contractual amount. Addition - ally, plaintiffs can seek non-material damages for violations of material and moral rights, covering In Turkish law, the party initiating a lawsuit is required to pay the official court fees. Princi - pally, court costs (including expenses for expert examination and reports) are borne by the plaintiff. Each party is generally responsible for paying their own attorney’s fees. However, the losing party is required to reimburse the prevail - ing party for litigation expenses and an amount determined by the annually fixed minimum attor - ney fee’s tariff. 10.4 Ex Parte Relief Ex parte injunctions, while legally permissible, are rarely granted in practice. Turkish IP courts generally opt instead to make an assessment after both parties have had the chance to pre - sent their arguments. 10.5 Customs Seizures of Counterfeits or Parallel Imports both tangible and subjective losses. 10.3 Attorneys’ Fees and Costs In Türkiye, the legal system provides mecha - nisms for customs seizure of counterfeit and parallel import goods. A centralised online application can be submit - ted to customs’ database to monitor exports and imports. The application is valid for one year and can be renewed. After the proper submis - sion, when an infringed product is noticed before customs, the product is temporarily detained and the rights-holder is immediately informed. Within ten days of the notification of seizure
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