Skip to content
Casework IP

ServicesLitigation

Litigation

We bring criminal complaints and civil actions under the Industrial Property Code and follow them through the appeal courts.

The problem

A seizure at customs, in a market or after an online test purchase becomes a case only when you file one, and in Türkiye the criminal and civil routes run separately. Under Article 30 of Law No. 6769 the criminal route needs a mark registered in Türkiye and your complaint, while the civil route can also rest on a well-known mark or unfair competition.

What we do

  1. 01

    Criminal prosecution

    File the complaint with the public prosecutor under Article 30 of the Industrial Property Code No. 6769 and follow the case to judgment.

  2. 02

    Civil actions

    Bring infringement actions before the IP civil courts, with preliminary injunctions and evidence determination.

  3. 03

    Damages and settlements

    Claim damages under Articles 150 and 151 and negotiate settlements backed by an enforceable written undertaking.

  4. 04

    Appeals

    Take the case through the regional court of appeal and, where the value threshold is met, the Court of Cassation.

How it works

  1. Day 0

    Evidence and route

    The lawyers review the evidence, your registrations and the target, and choose between the criminal route, the civil route or both. The criminal route needs a mark registered in Türkiye and your complaint, under Article 30(5) and (6). The civil route can also rest on a well-known mark or unfair competition.

  2. Days to weeks

    Urgent measures

    We ask the IP court for a preliminary injunction under Article 159 to stop sales and seize stock, and for an evidence determination under HMK Article 400 to record what is on the premises. The court usually decides within days to a few weeks, normally against a security deposit. The order must be enforced within one week of the decision.

  3. Weeks 1–4

    Filing

    On the criminal route we file the complaint with the public prosecutor, who obtains the search-and-seizure order and later files the indictment. On the civil route we bring the action before the IP civil court in Istanbul, Ankara or İzmir, or the designated chamber elsewhere. Under Article 149 the claims are cessation, seizure, destruction, damages and publication of the judgment.

  4. Typically 1–2 years

    First instance

    A criminal case usually reaches judgment in about a year and a civil case in 18 to 24 months, most of it spent waiting for court-appointed expert reports. Many cases settle earlier against a written undertaking and a payment. We treat that as a result when the undertaking is enforceable.

  5. Plus 1–2 years

    Appeals

    Either side may appeal to the regional court of appeal (istinaf) and, above a value threshold, to the Court of Cassation. Injunctions and seizures stay in force in the meantime. We budget each step before taking it and tell you when an appeal is not worth its cost.

What we need from you

  • A power of attorney
  • Registration certificates
  • The evidence gathered so far

Questions

  • Criminal or civil?

    The criminal route is the faster way to a seizure, and the civil route is the way to damages and an order against a company. On the criminal route the prosecutor can have premises searched within days, and the sentence under Article 30(1) is one to three years' imprisonment and a judicial fine of up to 20,000 days. The civil route gives an injunction, damages under Article 151 and a judgment you can enforce against assets. For a workshop or wholesaler we usually run both, and for a single retailer the criminal complaint is often enough.

  • How long do cases take?

    Urgent measures take days to weeks. A first-instance judgment takes about a year in a criminal case and 18 to 24 months in a civil one, and an appeal adds one to two years. The seizure and the injunction, which carry most of the practical effect, arrive in the first month.

  • What damages are realistic?

    Under Articles 150 and 151 the court awards your actual loss, including the cost of gathering evidence, plus lost profit. You choose one of three methods for the lost profit: your lost income, the infringer's net profit or the royalty a licence would have earned. The royalty method is the most predictable where you can show a comparable licence. Collection is the real constraint, so we check the defendant's assets before claiming.

  • Do you work outside Istanbul?

    Yes. We work in all 81 provinces of Türkiye; most actions outside Istanbul are at the ports, the border gates and the resort markets.

  • Do we need a Turkish trademark registration first?

    Generally yes. Customs applications and criminal complaints rest on a registration that covers Türkiye, either a national filing with TÜRKPATENT or an international registration under the Madrid system.

  • How do you report?

    Once a month. The report lists the actions taken, the seizures, the costs and the next steps, and you can forward it internally as it is.

FAQ →

Related insights

TALK TO US ABOUT PROTECTINGYOUR BRAND IN TÜRKİYE.

Talk to us

Write in English or Turkish; we reply within one business day.