IPR Protection in Customs
Intellectual Property rights now can also be protected in customs in Turkey. The right holders easily suspend counterfeit products in our customs with the amendment of the law no. 5911 made by council of Ministers.
Moreover, in case of there is no request but formal proofs of infringing of intellectual property of aforesaid product, in order to give time right holders to apply to the customs office, administration of customs will detain to those products for three days or customs transactions thereof will be suspended. Those products that customs transactions are suspended or detained will be destructed or given back to owner after making changes on their attributions.
Customs administration may request warrantee from the owner at the rate of product’s price in order to prevent malfeasance or to secure the rights of importer and the public.
Provisions of law no. 5911 will not be implemented to goods brought by passengers and non-commercial goods as well as souvenirs fall within the boundaries of customs duty exemption.
The provision of 103 of the same law is arranging the terms of application. Hereunder, the request for detaining or suspending the customs transactions of goods that infringe the intellectual property rights will be made electronically to the customs administration with the “Application Form That Set Customs Office into Action Concerning the Infringing of the Intellectual Property Rights in Customs”. In case of the right owner is domiciled abroad; operations can be done by a representative settled in Turkey.
In the application form, an accurate and detailed technical description of the concerning goods, any specific information about the type or pattern of fraud, as well as name and address information of representative determined by the right holders have to indicated. Additionally, right holder has to present a document that proves the rights of goods belong to him.
The amendment of the law no. 5911 imposes an obligation to custom office of examining the application and informing the applicant within the 30 working days from the date of application.