Trademark Infringement Crime and Sanctions
ENTRANCE
In today's commercial world, brands are among the most important elements that define a company's products and services and differentiate them from competitors. A brand is not just a name, symbol, or logo; it is also an reputation, trust , and quality. Therefore, the legal protection of brands is of great importance both for the healthy functioning of trade and for the protection of consumer rights.
In Turkey, trademark rights the Industrial Property Law (IPL) . Within this framework, unauthorized use, imitation, or misuse of registered trademarks constitutes trademark infringement. This article will examine the concept of trademark infringement, its elements, legal and criminal sanctions, and relevant court decisions in detail.
LEGAL NATURE OF TRADEMARK RIGHTS
Trademark rights absolute rights that grant the owner certain powers that can be asserted against third parties. The owner of a registered trademark has the exclusive right to use the trademark, license it to others, transfer it, and take legal action against unauthorized use.
Trademark rights:
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a specific type of property right.
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It is born with registration,
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It is permanent (renewable every 10 years),
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It has economic value and can be used as collateral.
WHAT IS TRADEMARK INFRINGEMENT?
Trademark infringement is the unauthorized and commercial use of a registered trademark. This action harms the trademark owner's economic interests and misleads consumers.
Actions Constituting Trademark Infringement
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Use of an exact copy of a registered trademark
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Using a similar brand in a way that creates a likelihood of confusion
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The marketing of counterfeit products
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Unfair advantage gained through brand reputation
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Registering a domain name on the internet in the name of a brand (domain hijacking)
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Misuse of brand name on social media and digital platforms
Such actions are subject to both legal and criminal penalties.
REGULATION OF THE CRIME ACCORDING TO THE INDUSTRIAL PROPERTY LAW
Article 30 of the Industrial Property Law clearly defines the crime of trademark infringement. According to this article:
"A person who infringes on a trademark right shall be punished with imprisonment from two to four years and a fine of up to twenty thousand days' worth of daily wages."
In addition, criminal liability may increase in the presence of certain aggravating circumstances (such as organized crime, mass production of counterfeit products, etc.).
Elements of the Crime
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Registered trademark: For an infringement offense to be considered, the trademark must be registered.
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Unauthorized action by the offender: The trademark must be used by someone other than the trademark owner.
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Commercial purpose: The action must be carried out within the scope of commercial activity.
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Intent: The crime must be committed intentionally; the perpetrator must be aware that the trademark is being used without permission.
CRIMINAL SANCTIONS
Within the framework of the Industrial Property Law, the following criminal sanctions apply for the crime of trademark infringement:
1. Imprisonment
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The penalty is imprisonment for 2 to 4 years.
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A high minimum sentence indicates that the crime is taken seriously.
2. Judicial Fine
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A judicial fine of 5,000 to 20,000 days may be imposed.
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This punishment is determined according to the perpetrator's economic power.
3. Additional Security Measures
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The closure of the workplace involved in the crime
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Banned from activity
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Destruction of counterfeit products
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Publication of the court decision
These penalties are intended to have a deterrent effect.
LEGAL SANCTIONS
Trademark infringement can also be the subject of various lawsuits in the field of private law. The trademark owner has the right to file the following lawsuits:
1. Case for the Detection and Prevention of Rape
The court requests that the existence of the violation be established and that the act be stopped.
2. Claim for Monetary Damages
The trademark owner may claim monetary compensation for the actual damages suffered or the profits lost.
3. Claim for Non-Pecuniary Damages
If the brand owner's reputation has been damaged, compensation for non-pecuniary damages may be sought.
4. Restitution of Unjustly Gained Earnings
The perpetrator may be required to return any ill-gotten gains.
5. Collection and Destruction of Products
Counterfeit or unauthorized branded products can be withdrawn from the market and destroyed.
AUTHORIZED AND COMPETENT COURTS
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In criminal cases: Intellectual and Industrial Property Criminal Courts (or the General Criminal Court if none exists)
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In legal cases: Intellectual and Industrial Property Rights Courts (or Civil Courts of First Instance where these do not exist)
Furthermore, in cases of trademark infringement a preliminary injunction can be obtained to immediately stop the infringement.
PRACTICE IN LIGHT OF SUPREME COURT DECISIONS
In Supreme Court rulings, assessments of similarity are crucial in determining trademark infringement. The following criteria are considered:
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Visual, auditory, and semantic similarity
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Potential for confusion among consumers
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Brand recognition and prevalence in the industry
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Method and duration of use
The Supreme Court takes a much more sensitive approach, especially in cases of attacks against well-known brands , and supports the imposition of severe penalties
RESPONSIBILITIES OF THE BRAND OWNER
In order to protect its rights, the trademark owner must fulfill certain obligations:
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He/She must register his/her trademark.
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The market should be monitored regularly.
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In case of a violation, legal action should be taken immediately.
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License agreements and terms of use must be clearly defined.
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Trade areas must also be protected on digital platforms.
CONCLUSION
Trademark infringement is not merely a violation of commercial rights; it is also a serious crime that directly affects the economic order, fair competition, and consumer rights. In Turkey, this crime is protected under both the Industrial Property Law and the Turkish Penal Code , and strong sanctions are foreseen for the perpetrator through both criminal and civil law means.
It is of great importance for brand owners to be aware of this issue, to take effective and timely legal measures against infringements, and to protect their commercial reputation. The fact that judicial bodies make decisions in light of established case law also plays a vital role in ensuring justice for both brand owners and consumers.
Law Faculty Student Feride Sıla HELVACI
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