Customs IP Enforcement

Also known as: Border Measures, Customs Seizure, Customs Detention of Counterfeits, Gümrükte Fikri Mülkiyet Koruması, Customs Law Article 57

Author Ali Gül

In short

Suspension at customs of goods suspected of infringing intellectual property rights, on the right holder's application or ex officio by the customs authorities, with a period granted to the right holder to bring proceedings.

Customs IP enforcement stops counterfeit goods at the border before they reach the market. Under Article 57 of Customs Law No. 4458 and the Customs Regulation, customs authorities may suspend the import, export or transit of goods suspected of infringing intellectual and industrial property rights.

Two Routes

Right holder’s application: The owner of a trademark, patent, design or copyright applies to customs in advance, providing the features of genuine goods, authorised importers and information for identifying counterfeits. The application is valid for a set period and can be renewed.
Ex officio action: Customs may temporarily detain suspicious goods even without an application, notifying the right holder and giving it time to apply.

Procedure

When goods are suspended, the right holder and declarant are notified. The right holder examines samples to determine whether they are counterfeit. If it does not document within the short statutory period that an interim injunction has been obtained or suit filed, the goods are released. In some cases, a simplified procedure for destruction may apply if the declarant does not object.

In Practice

A customs application is a low-cost, effective measure for brands with high counterfeiting risk.
Detailed information and images helping officers recognise genuine products are decisive.
Act quickly on suspension notices; preparing suit and injunction petitions in advance is advisable.
Parallel imports (unauthorised import of genuine goods) differ from counterfeits and must be assessed separately in light of trademark exhaustion.

See Trademark Infringement and Search and Seizure.

Frequently Asked Questions

How soon must proceedings be brought for goods suspended at customs?

The right holder must show customs, within a short period after the suspension notice, that it has filed suit or obtained an interim injunction. If the deadline is missed, the goods may be released, so preparing the case before applying is advisable.

Is a registered right required for a customs application?

Applications are usually based on registered trademarks, patents and designs. Copyright and geographical indications are also covered, but ownership and the protected products must be clearly documented.

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