The criminal courts require trademark infringement claims to be supported by objective and convincing evidence. Search and seizure warrants may be issued even where there is reasonable doubt over the existence of evidence; however, 'reasonable doubt' is not legally defined. Given the fact that non-specialised judges evaluate search and seizure warrant requests and the broad interpretive scope of 'reasonable doubt', inconsistent decisions are common in practice.
The European Commission recently released a report concerning Turkey's progress regarding the alignment of its laws with the European Union's acquis communautaire. The report states that the Industrial Property Law's entry into force was a positive step in aligning trademarks and design legislation with EU IP law and updating Turkey's IP rights system in accordance with international agreements and practices.
It is always advisable to register a work to ensure the effective enforcement of rights therein. There are a number of benefits to copyright registration in Turkey, including the possibility for rights holders to apply for banderoles, which are used on licensed copies to prevent piracy. In addition to banderoles, registration certificates can be used to apply to Customs to monitor a copyright, as well as to prove ownership and determine the context of copyrighted works in possible civil and criminal actions.
The new Industrial Property Code has made it possible for trademark applicants to put forward a non-use claim as a defence and settle an opposition via mediation. At present, non-use counterclaims and mediation seem to be available only for national trademark applications. This situation is likely to create a disadvantage for international trademark holders whose marks are extended to Turkey via the Madrid Protocol.