IP Litigation Overview in Turkey

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IP Litigation Overview in Turkey

Intellectual property litigation in Turkey plays a crucial role in protecting trademarks, patents, designs, and copyrights against infringement. Turkey has a specialized and well-established legal framework that allows effective enforcement of IP rights through civil actions, supported by experienced courts and expert systems.

This overview explains how IP litigation works in Turkey, which courts are competent, available remedies, and expected timelines.

Legal Framework for IP Litigation in Turkey

IP enforcement in Turkey is governed primarily by Industrial Property Law No. 6769, which entered into force on 10 January 2017.
Under Turkish law, intellectual property rights are protected mainly through civil proceedings, while criminal enforcement is limited.

Important update: As of the new IP Law No. 6769, criminal actions are no longer available for trademark infringement. Trademark disputes are now handled exclusively through civil courts.

Competent Courts for IP Litigation

IP cases in Turkey are heard by specialized Intellectual Property Courts or civil courts acting as IP courts, depending on the location.

  • Istanbul, Ankara, and Izmir:
    Cases are filed before Specialized IP Civil Courts

  • Other cities:
    Civil Courts of First Instance act as IP courts

Istanbul accounts for nearly 50% of all IP litigation in Turkey, making it the most active jurisdiction.

Criminal complaints (where applicable under other IP categories) are filed directly with the Public Prosecutor’s Office.

Types of IP Litigation in Turkey

1. Civil IP Actions

Civil proceedings are the primary enforcement mechanism and may include:

  • Determination of infringement

  • Cessation and prevention of infringing acts

  • Preliminary injunctions (urgent measures)

  • Seizure and destruction of counterfeit goods

  • Compensation for material and moral damages

Preliminary injunctions are widely used and can be granted before or during litigation.

2. Criminal IP Actions (Limited Scope)

Although trademark-related criminal actions have been abolished, criminal sanctions still apply in certain IP-related situations, such as:

  • Making false statements during IP ownership processes

  • Unauthorized removal of IP ownership signs from products

  • Falsely claiming ownership of an IP right

Penalties may include fines and imprisonment of up to 3 years.

Duration of IP Litigation in Turkey

The duration of IP litigation depends on the complexity and technical nature of the case:

  • Trademark & Design Infringement: Approximately 2–3 years

  • Patent Infringement Cases: 3 years or more, due to mandatory expert examinations and technical reports

Appeals are reviewed by the Regional Courts of Justice and ultimately the Court of Cassation (Supreme Court).

Why Professional IP Litigation Support Matters

IP litigation in Turkey requires:

  • In-depth knowledge of Turkish IP law and court practice

  • Experience with expert reports and technical assessments

  • Strategic use of injunctions and enforcement mechanisms

Mistakes at early stages may lead to irreversible loss of rights.

IP Litigation Services by Efor Patent

At Efor Patent, we provide comprehensive IP litigation support in Turkey, including:

  • Trademark, patent, and design infringement actions

  • Preliminary injunction requests

  • Evidence collection and infringement analysis

  • Expert report coordination

  • Strategic litigation and settlement advisory

With over 20 years of experience, our team ensures effective protection and enforcement of intellectual property rights in Turkey.

Protect Your IP Rights in Turkey

If your trademark, patent, or design is being infringed in Turkey, timely legal action is essential.

Contact Efor IP for professional IP litigation support and strategic enforcement solutions.