News & Insights
Turkish Trademark Law Development: TPTO’s New Authority to Cancel Trademarks and Recent Anti-Counterfeiting Operations
This report covers significant developments in the intellectual property sector, focusing on the administrative cancellation of trademarks by the Turkish Patent and Trademark Office (TPTO), recent operations against counterfeit goods, and notable current events.
Administrative Cancellation of Trademarks by TPTO:
The Industrial Property Code (IPC) introduced the concept of "administrative cancellation of trademarks" in 2017, transferring authority from the courts to TPTO. However, enforcement was deferred until January 10, 2024. TPTO announced on October 20, 2023 a draft regulation titled "Draft Regulation Amending the Regulation on the Implementation of the Industrial Property Code" open for discussion. In conclusion, Article 26 of the IPC, which regulates the administrative cancellation authority of trademarks, will come into effect on January 10, 2024. You can find KP Law’s analysis here.
EU Commission Report on Turkish IP Law
The 2023 European Commission's report on Turkish IP Law highlights legislative alignment but emphasizes deficiencies in rights enforcement. The fact that Turkey is the second-largest source country for counterfeit goods entering the EU, after China, leads the Commission to dedicate significant attention to deficiencies in rights enforcement. The report recommends measures for improvement, including enhanced enforcement, increased expertise in IP courts, and addressing procedural challenges. Download the full report here.
Counterfeit News Highlights:
1. Counterfeit Clothing Operation:
- A counterfeit clothing operation involving world-renowned brands was uncovered, leading to a coordinated operation with an estimated value of 1 million Turkish Lira. Link to News
- 96,022 Pairs of Counterfeit Shoes Seized: In Başakşehir, Istanbul, authorities seized 96,022 pairs of counterfeit shoes. Link to News
2. Counterfeit Medicine Operations:
- Üsküdar Operation: The Organized Crimes Investigation Bureau initiated an operation against businesses producing, storing, and selling counterfeit drugs in Üsküdar. The raid discovered a makeshift facility producing drugs for hormones, Spinal Muscular Atrophy (SMA), cancer, and vitamin supplements. Machines with an estimated market value of around $200,000 were seized. Link to News
- Multi-City Operation: A joint operation in three cities resulted in the seizure of counterfeit medicines, focusing on cancer and SMA treatments. Link to News
3. Counterfeit Consumer Goods Operations:
- Counterfeit Engine Greases Seized in Izmir: Authorities in Izmir seized counterfeit engine greases. Link to News
- Fake Perfume Raid: Law enforcement conducts a raid against counterfeit perfumes. Link to News
- Counterfeit Hair Color Manufacturing Seized: A raid leads to the seizure of a counterfeit hair color manufacturing facility. Link to News
4. Counterfeit Food and Beverage Operations:
- Gendarmerie's Fake Alcohol Operation: Gendarmerie units conducted an operation against fake alcohol. Link to News
- Counterfeit Olive Oil Operation in Şanlıurfa: A recent operation coordinated by the Şanlıurfa Provincial Gendarmerie Command targeted a counterfeit olive oil production facility. Link to News