Dec 28, 2018
Customs Measures for the Protection of Intellectual Property Rights in Turkey
A practical guide to Turkish customs enforcement measures against counterfeit goods, including detention procedures and legal framework under the Customs Code.
Originally published in 2018. Content reviewed and remains applicable as of June 2025.
Introduction
Counterfeit goods pose a serious risk to intellectual property (IP) owners and the integrity of global trade. In Turkey (Türkiye), customs authorities have strong powers to prevent the entry or exit of infringing goods — offering an efficient enforcement tool for IP right holders.
Legal Basis
The customs enforcement regime in Turkey is governed by:
Customs Code No. 4458, and
Regulation on Customs Measures for the Protection of Intellectual Property Rights.
These laws reflect Turkey’s obligations under international treaties such as the TRIPS Agreement, which mandates border protection measures for counterfeit and pirated goods.
Scope of Protection
Turkish Customs may take action against counterfeit or pirated goods based on the following IP rights:
Trademarks
Patents
Designs
Utility Models
Copyrights
Geographical Indications
These measures apply to goods entering or leaving the country, including transits and goods in free zones.
Application: Online, Centralized, and Free
Right holders or their legal representatives can apply for customs IP protection via the online recordal system administered by the Turkish Ministry of Trade. The system is:
Online
Centralized — valid at all customs points across Turkey
Free of charge
The application should include:
IP registration certificates (Turkish or international, where applicable)
Images and distinguishing features of genuine products
Known counterfeits, routes, and distributors (if available)
Contact details and power of attorney
Once approved, the recordal is valid for one year and renewable annually.
Procedures Upon the Grant of an Application
If Customs detects goods suspected of infringement, they notify the right holder or their representative. Two enforcement paths are available:
Simplified Destruction Procedure
If the importer does not object within 10 working days (extendable once), the goods can be destroyed without court proceedings.
Requirements:
Written confirmation by the right holder
Consent (or no objection) from the importer
Logistics coordination with Customs
This option is efficient, low-cost, and widely preferred by IP owners.
Court Action (Preliminary Injunction)
If the importer objects or legal assurance is preferred, the right holder may seek a preliminary injunction from a Turkish IP court.
The court order must be submitted within the deadline
A full legal action may follow if needed
Failure to act will result in release of the goods.
Advantages for IP Owners
• Early interception of counterfeit goods
• No need for court action if simplified destruction is used
• Coverage of all customs locations, including free zones
• Cost-effective protection through centralized recordal
Conclusion
Turkey’s customs enforcement system offers a reliable and cost-effective tool to combat counterfeit trade. Through an online, centralized, and free recordal process, IP owners can prevent infringing goods from entering the market and respond rapidly with or without court action.
For further queries, please contact:
Doğukan Berk Aksoy
Attorney at Law • Trademark Attorney • Patent Attorney
