Trademark rights and criminal sanction of infringment of trademark rights

With the advancement of technology, innovations are emerging in every aspect of life. These innovations are not only limited to the field of economy or facilitation of life but also continue to develop in the legal field. Particularly, at the end of the 20th century and the beginning of the 21st century, along with traditional areas of law, many new specialized areas such as information technology, intellectual and industrial property rights, and personal data have emerged. As commercial activities have become globalized and new ecosystems have formed across continents due to these technological advancements, traders or companies have developed an awareness of differentiating their own goods or services from others and creating uniqueness in this aspect. Thus, the concept of a trademark emerged to enable these goods or services to be distinguished from others in the eyes of consumers, and trademark law was introduced to resolve disputes in this field. As a result of the regulation by the legislator through a special law, the sign used by traders or companies to offer their goods or services to the end consumer has been given strong protection. The developments in the economy create a desire for producers to produce cheap products and for consumers to access affordable products. Therefore, in addition to the original product, there are also imitations bearing a similar sign that cannot actually be distinguished. The criminal sanction of infringement of trademark rights through imitation or confusingly similar means is one of the consequences of this protection, which is regulated by the Industrial Property Law, governing the special field of trademark rights. The first part of this study will explain the concept of trademark rights, the birth and function of trademarks. In the second part, the elements of the offense of infringement of trademark rights through imitation or confusingly similar means, as regulated in the law, will be examined. The final part will discuss the specific forms of appearance and the prosecution and sanctions of this offense.