Türkiye’s Ongoing Battle Against Counterfeiting: The Role of Customs Enforcement

Given Türkiye’s strategic location as a trade hub connecting Europe and Asia, the country plays a vital role in the global fight against counterfeiting. With growing volumes of international trade, customs enforcement is more vital than ever to stop the entry, export and transit of counterfeit goods.

Enhanced Customs Enforcement Mechanisms

Turkish Customs Directorates work closely with IP rights holders, and law enforcement officers to prevent the import, export and transit of counterfeit goods. They use advanced risk analysis systems to identify potentially counterfeit goods before they enter Turkish markets.

To support this process, IP rights holders are encouraged to register their IP rights through customs applications with the Ministry of Trade.  This registration helps officials quickly identify and suspend counterfeit shipments. When suspected goods are identified, customs officials suspend clearance for ten business days and notify right holder or its representative. During this time, the right holder may inspect the goods and take legal action to prevent the their circulation.

Additionally, Turkish customs officers receive regular training sessions from rights holder or their representative, ensuring effective cooperation and enforcement.

Legal Recourse & Remedies

The legal basis for the border protection of IP rights is found in Article 57 of the Customs Law No. 4458, and Articles 100 to 111 of the Customs Regulation. When an infringement is suspected, customs may:

• If there is a prior application:

Where goods are suspected of infringing IP rights, customs authorities may, detain the goods or suspend customs procedures. The decision to suspend or detain is formally notified to the right holder or their representative.

If the rightful owner does not obtain a precautionary measure decision within three working days for perishable goods and ten working days for other goods – from the date of being notified of the customs decision to stop or detain the goods – then the goods will be processed in accordance with the customs regime requested by the declarant. In the event of a justified excuse, the customs administration may, upon request, grant an extension of up to ten additional working days.

• In the absence of a prior application:

Where there is clear evidence that the goods infringe IP rights, customs authorities may act on their own initiative. In such cases, the goods may be detained, or customs clearance may be suspended for up to three working days to allow the right holder to submit a formal application.

In the case of trademark counterfeiting,  if it is confirmed that the products are counterfeit, the right holder may file a criminal complaint before the competent Prosecutor’s Office under the Industrial Property Law, along with a request to seize the counterfeit goods.

If the Criminal Judge of Peace approves the seizure, customs will block the release and/or liquidation of the goods. Alternatively, the right holder may apply to a civil court for an interim injunction – a temporary legal measure to prevent harm until the case is resolved. If the court finds the claim sufficiently substantiated, it may grant the injunction, again preventing the release and/or liquidation of the goods.

In either route, if a court ultimately determines that the goods are counterfeit, it will order their destruction.

Under Law No. 6769 on Industrial Property, counterfeiters face both fines and imprisonment. Criminal prosecution is often the fastest and most effective route to stop infringing goods and hold offenders accountable. However, civil litigation and interim measures remain valuable tools for enforcement.

In cases of patent or design counterfeiting, only civil action can be pursued.

If both parties consent, a petition can be filed with customs officers within three to ten working days after the seizure to request the destruction of the seized goods. This destruction process can proceed without a court order.

Best Practices for IP Rights Holders

To maximise protection, IP rights holders should:

• Register their IP rights with Turkish Customs to enable proactive enforcement,
• Collaborate with customs authorities to strengthen detection efforts,
• Participate in training programmes for customs officials and,
• Act quickly through legal channels to deter and prevent further infringements.

Conclusion

Turkish Customs Directorates continue to demonstrate a strong commitment to fighting counterfeiting through robust enforcement mechanisms and effective collaboration with right holders. Companies seeking to protect their IP rights should take full advantage of available legal tools and maintain close cooperation with Turkish authorities to mitigate the risks posed by counterfeit trade.