Master'sOpen Access

Criminal liability for trademark rights infringement

2011
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Advisor: Prof. Dr. Veli Özer Özbek

Abstract (EN)

Protection of trademark, which is an indispensible element of economic life, by means of criminal and civil law is increasing it?s importance. The purpose of this work is to introduce the criminal law regulations on protection of trademark by criminal law in other words trademark crimes.Trademark crimes are regulated under three titles in Decree Law on Protection of Trademark art. 61/A which was amended by law no. 5833. First paragraph of the article regulates the crime violation of trademark right. Under the crime violaton of trademark right production and exposition of fake branded goods are punished. Under article two unauthorized withdrawal of trademark protection sign is regulated as crime. According to this the withdrawal of the sign ® which demonstrates that the trademark is registered is punishable. Finally the third crime is the unauthorized disposition on trademark right which punishes illegal transactions on trademark right. Under this crime selling, assigning, licensing and pledging a trademark which belongs to another person is punishable.Trademark crimes include also some problems related to criminal law. In this work these problems are also discussed. Finally the regulations in Draft Code on Trademark are also mentioned.

Author

Dr. İsa Başbüyük

How to Cite

İsa Başbüyük (Master Thesis). Criminal liability for trademark rights infringement, 2011, Dokuz Eylül University.

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