Customs Regulation in Turkey

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Customs Regulation in Turkey: Intellectual Property Protection and Simplified Destruction Procedure

The Customs Regulation in Turkey plays a vital role in protecting intellectual property rights (IPR) against counterfeiting and piracy during customs procedures. Following the amendment of the Customs Law No. 4458 by Law No. 5911, a new Customs Regulation entered into force in October 2009, introducing the simplified destruction mechanism — an efficient method for handling infringing goods without lengthy court proceedings.

This regulation aligns Turkey’s IP enforcement system with European Union standards, particularly EU Council Regulation No. 1383/2003, ensuring faster, more effective protection for right holders.

1. Legal Basis of the Customs Regulation in Turkey

The Turkish Customs Regulation provides a legal framework for preventing the import, export, or transit of counterfeit and pirated goods. Under the amended law, customs authorities have the power to suspend or detain goods suspected of infringing intellectual property rights, such as:

  • Trademarks

  • Patents

  • Industrial designs

  • Utility models

  • Copyrights and related rights

  • Plant variety rights

  • Topography of integrated circuits

This framework ensures that IPR holders can enforce their rights directly at the border, minimizing commercial losses and the spread of counterfeit goods.

2. Simplified Destruction Procedure

The simplified destruction mechanism is one of the most significant developments introduced by the Customs Regulation in Turkey. It allows the destruction of counterfeit goods without requiring a court order, making it a fast, cost-effective, and practical enforcement tool.

Procedure Overview:

  1. Detention of Goods: Customs authorities suspend or detain goods suspected of IPR infringement.

  2. Notification Period: The right holder is notified and has 10 working days (or 3 days for perishable goods) to act.

  3. Destruction Request: The IPR holder submits a declaration requesting the destruction of the infringing goods, along with evidence of ownership.

  4. Consent of the Goods Owner: The owner of the detained goods must provide written consent to the destruction under customs supervision.

  5. Implementation: Once consent is obtained, customs authorities execute the destruction under the supervision of the right holder or their representative.

If justified, the 10-day period may be extended by another 10 working days.

3. Advantages of the Simplified Destruction Mechanism

The simplified destruction process provides several practical benefits:

  • No court intervention required, saving both time and cost.

  • Reduced storage and handling fees for detained goods.

  • Efficient border enforcement, aligning with EU IP protection standards.

  • Quick resolution that prevents infringing goods from entering the market.

This system is widely preferred by both rights holders and customs authorities because it streamlines enforcement and avoids long judicial procedures.

4. Representation for Foreign Right Holders

For intellectual property right holders domiciled outside Turkey, all customs-related operations can be carried out through a registered representative or authorized IP law firm in Turkey.
This allows foreign companies to effectively enforce their rights under Turkish Customs Law without being physically present.

5. How to Apply for Customs IP Protection

To activate customs protection mechanisms, IPR owners must:

  • Submit an application to the Turkish Customs Authority (via the Directorate General of Customs Enforcement).

  • Provide documentation proving ownership of the IPR.

  • Include relevant details about the counterfeit goods (e.g., characteristics, differences from genuine products).

For assistance with filing the Customs IP Application Form and managing infringement procedures, Efor IP provides legal representation and strategic advisory services to safeguard your intellectual property in Turkey.

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