The notification by Turkey to the WTO under article 63.2 of TRIPS states:
'According to Law No. 4128, three kinds of conditions and penalties have been defined as follow for each of the industrial property rights (patents, industrial designs, geographical signs and trademarks):
- False declaration and removing the signs: fine and 1-2 years imprisonment.
- Extension of the rights without authorization: fine and 2-3 years imprisonment.
- Infringement: fine and 2-4 years imprisonment, closing the enterprise for minimum 1 year.
The above-mentioned provisions, which are in line with Article 41 of the TRIPS Agreement, took place in:
-Article 73 of Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights
-Article 48 of Decree-Law No. 554 of June 24, 1995 on the Protection of Industrial Designs
-Article 24/A of Decree-Law No. 555 of June 27, 1995 on the Protection of Geographical Indications
-Article 61/A of Decree-Law No. 556 of June 24, 1995 on the Protection of Trademarks.'
Available Texts:
Turkish
4128 sayılı 551, 552, 554, 555, 556, 560 Sayılı Kanun Hükmünde Kararnamede Değişiklik Yapılması Hakkında Kanun
(Version with Automatic Translation Tool)
'According to Law No. 4128, three kinds of conditions and penalties have been defined as follow for each of the industrial property rights (patents, industrial designs, geographical signs and trademarks):
- False declaration and removing the signs: fine and 1-2 years imprisonment.
- Extension of the rights without authorization: fine and 2-3 years imprisonment.
- Infringement: fine and 2-4 years imprisonment, closing the enterprise for minimum 1 year.
The above-mentioned provisions, which are in line with Article 41 of the TRIPS Agreement, took place in:
-Article 73 of Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights
-Article 48 of Decree-Law No. 554 of June 24, 1995 on the Protection of Industrial Designs
-Article 24/A of Decree-Law No. 555 of June 27, 1995 on the Protection of Geographical Indications
-Article 61/A of Decree-Law No. 556 of June 24, 1995 on the Protection of Trademarks.'