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Casework IP

ServicesMarket enforcement

Market enforcement

We survey the markets where counterfeits are sold, make test purchases with receipts and file criminal complaints with the public prosecutor.

The problem

Counterfeit apparel, footwear, bags, watches and perfume are sold openly in Istanbul's covered markets and wholesale districts, along the resort coast and in regional cities, often by the same traders each season. Under Article 30 of the Industrial Property Code No. 6769 a trademark offence is investigated only on the right holder's complaint, and the complaint has to rest on a mark registered in Türkiye.

What we do

  1. 01

    Market surveys

    Survey shops, stalls and wholesalers in Istanbul's bazaars and wholesale districts, the resort towns and the regional cities.

  2. 02

    Test purchases

    Buy samples with dated receipts and photographs, and record the chain of custody for each one.

  3. 03

    Criminal complaints

    File the complaint with the public prosecutor and attend the search and seizure carried out by the police or gendarmerie.

  4. 04

    Follow-up

    Track the seized goods through storage, expert examination and destruction, and keep a record of sellers who come back.

How it works

  1. Weeks 1–2

    Survey and test purchases

    We walk the target district and log each seller with photographs and a location. Test purchases are made with dated receipts, and the chain of custody is recorded for every sample. Resort towns are surveyed in spring, before the season opens, so that complaints are filed while the stock is still on the shelves.

  2. Within days of your confirmation

    Criminal complaint and warrant

    You confirm that the purchased goods are counterfeit. The lawyers file a complaint with the public prosecutor, with the samples and receipts, and ask the criminal judgeship of peace for a search-and-seizure order. When the file includes samples and same-day receipts, the order is usually signed within one or two days, though some judgeships ask for more.

  3. Days to weeks

    Search and seizure

    The police, or the gendarmerie outside municipal limits, carry out the search. Our representative attends, identifies the goods and checks the inventory in the report. The seized goods are logged and stored as evidence, and a court-appointed expert confirms that they are counterfeit.

  4. Typically months 1–6

    Investigation and indictment

    The prosecutor completes the investigation and files the indictment with the IP criminal court in Istanbul, Ankara or İzmir, or with the designated criminal court elsewhere. Where storage is costly or the goods are losing value, the court can order destruction before judgment on the strength of the expert report (Article 163).

  5. Typically 1–2 years

    Trial and sentence

    First instance usually takes about a year, sometimes longer, and the sentence under Article 30 is one to three years' imprisonment and a judicial fine of up to 20,000 days. A seller who discloses the source and enables seizure from the maker is not punished. We use that to reach the supplier, and we keep a record of repeat sellers from one season to the next.

What we need from you

  • Registration certificates and a power of attorney
  • A budget ceiling for test purchases
  • A named product expert for confirming counterfeits

Questions

  • Who carries out a raid?

    The police, or the gendarmerie outside municipal limits, acting on the prosecutor's instruction and a search-and-seizure order from the criminal judgeship of peace. We cannot search premises ourselves. Our representative attends, points out the goods and checks that the inventory matches what is taken.

  • What happens to seized goods?

    They are held as evidence in a police, court or customs depot while an expert confirms that they are counterfeit. Destruction normally follows the judgment, but under Article 163 the court can order it earlier where storage is costly or the goods are losing value. We ask for early destruction in every case, to cut storage costs and to close the file on the goods.

  • How long does a criminal case take?

    The seizure usually comes within days of the complaint. The judgment takes about a year at first instance, and longer if the defendant appeals to the regional court. Most of the practical effect comes from the seizure and the record it creates, and the judgment adds the sentence and the destruction order.

  • 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 →

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