If Your Patent is Imitated in Turkey


Turkey is a large market and thus there are there are imitated products on such a large market inevitably.

Considering the geographical and economic conditions of Turkey, it is possible for imitated products to be launched to spread to all countries of Europe, Russia, Middle East, Caucasian and Central Asia.

A most part of the imitated products are produced in Turkey and an important part of them consist of imported products and are offered to the market over the Turkish market.

It is essential to primarily struggle against imitations to protect your rights.

Patent Regulations in the Turkish Law;

The Turkish Law include serious sanctions against imitations.

The legal and penal sanctions against imitations are regulated in the Turkish Commercial Code (TTK) Unfair Competition section, Patent Law No. 551 and Customs Law.

The Turkish Law includes imprisonment against imitated products as well as material and spiritual damages.

Shipment of a product under an imitated product to the customs for export from Turkey or bringing it to the customs for import to Turkey from abroad constitutes a patent violation under the Turkish Law.

Thus, legal proceeding may be applied to all imitated products which are at the Turkish Customs and subject to any official process (including transit).

Turkey has enacted laws, signed international conventions and even established special courts and police departments related to trademark, patent, design and intellectual rights for struggle against imitation.

However, struggle against imitation has been mostly imposed on the patent owner.

Unfortunately, imitation has been a sector. The persons/firms making an imitated production are in the form of extremely professional criminal organizations and thus they know the gaps in the Law and Turkish Patent Institute practices well.

The Major Problem suffered by the attorneys in Patent Cases;  Failure to accurately express the similar aspects of the product expressed on the patent certificate and imitated product to the court and technical experts.

Attorneys who do not actively engage in patent registration are insufficient in this respect although they have knowledge in respect of the patent law.  

In addition, pharmaceutical patents, cosmetics patents, medical device patents require specialization although they are included in the general Patent Law and it is very difficult to be successful with the general patent law knowledge in these fields.

Patent protection of medicines is available under the TRIPS, European Customs Union Legislations and Patent Law No. 551 since 1999 in Turkey. However, the limits of the pharmaceutical patent protection are determined by the practices and legislation.

There is no fully fixed practice, legislation and case laws in the field of pharmaceutical patents in Turkey yet.

The legal and administrative legislation is very variable in Turkey and is currently monitored by our office.

Our office also intensively works in the fields of pharmaceutical patents, Cosmetics Patents, Medical device patents and law requiring specialization in addition to the experience gained by it in the field of general patent law.

Considering the dynamic and continuously changing structure of the Turkish Patent Law, it would be very beneficial to get support from the Trademark and Patent Attorneys who are experienced and follow developments in order to get the best result in any actions to be brought.

Eltutan Patent & Law operates with the practical and theoretical knowledge gained by it since 1997.