Penalty responsinility in violation of industrial property rights

Industrial property rights were regulated separately by Legislative Decrees which were adopted in 1995. Each industrial property right is subject to criminal protection by a separate Legislative Decree. On the grounds that the regulation of crime and punishment by Decree Law is contrary to the principle of legality in crime and punishment, it has been applied to the Constitutional Court. In the light of the decisions made by the Constitutional Court, the simplification in the provisions on criminal protection of industrial property rights was explained in the study. Subsequently, with the accept of the Industrial Property Law, which has been implemented since 2017, all industrial property rights have been merged into one law. With the article 30 of The Industrial Property Law, only violation of trademark rights is regulated as a crime. The elements which are sought for the occurrence of a crime were explained by adapting them to brand crimes. The article 30 of The Industrial Property Law was compared with the article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Brand crimes; since the investigation and prosecution of the complaint are crime subject to the complaint, the existence of the complaint was sought for trial. The subject of reasoning and sanction of the crime were included; the work was concluded by specifying deficiencies in the law and ways to resolve them.