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Jul 12, 2011
Isik Ozdogan, Moroglu Arseven Law Firm, Turkey
Ezgi Baklaci, Moroglu Arseven Law Firm, Turkey


Simplified destruction proceedings in Turkey


Isik Ozdogan, Moroglu Arseven Law Firm, Turkey, Ezgi Baklaci, Moroglu Arseven Law Firm, TurkeyThe New Customs Regulation, which came into effect in October 2009, provides a new mechanism for intellectual property right holders, known as ‘simplified destruction’. This enables owners to take more efficient action in cases of an infringement during customs proceedings. Until 2009, there was no legal arrangement for the simplified destruction of goods at customs. The New Customs Regulation was accepted to harmonise Turkish customs law with EU legislation. For this reason, the simplified destruction provisions are highly similar to EU Council Regulation no.1383/2003.
The simplified destruction mechanism enables intellectual property rights holders to request the destruction of the suspected infringing or counterfeit products that have been detained or suspended under control of customs, without a court order. Within 10 working days following
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