Customs authorities can stop suspected counterfeit goods at the border. An application for action and a fast response are key.
Customs authorities in Türkiye can suspend the release of goods suspected of infringing trademarks, designs, patents or copyright. For right holders, border measures are one of the most cost-effective tools against counterfeits entering the market.
Application for action
Right holders may file an application with the customs administration of the Ministry of Trade, providing information on their rights, their genuine products and the typical features of counterfeits. Once accepted, customs offices across the country can act on the application.
Suspension and the court decision
When suspicious goods are detected, customs suspends their release and notifies the right holder. The right holder must then obtain an interim injunction from a competent court within a short statutory period, currently ten working days, which may be extended once. If no court decision is submitted in time, the goods are released.
Action on customs’ own initiative
Customs may also suspend goods on its own initiative where there are clear indications of infringement. Even then, the right holder needs to act quickly to keep the goods detained.
Practical points
- Keep customs applications up to date with current products and contact details.
- Give customs officers clear guidance on how to tell genuine goods from counterfeits.
- Prepare court documents in advance so the deadline can be met.
This publication is for general information only and does not constitute legal advice. Please contact us for advice on your specific situation.