Comparison Of Civil And Criminal Methods For Challenging Counterfeiters In Turkey

As in many countries, manufacturing, selling, and distributing counterfeit products in Turkey is considered to be both a crime and a tort. Therefore, brand owners may challenge Turkish counterfeiters by initiating either civil or criminal actions (or both).

As Turkish law provides a dual mechanism allowing both civil and criminal prosecution, brand owners often question the effectiveness of the alternatives and understandably wish to adopt the approach which provides the most effective results in the shortest timeframe.

Taking into account the pros and cons of initiating criminal and civil actions against counterfeiters, initiating criminal action will arguably better serve a brand owner's immediate needs by quickly removing the counterfeit products from the market. A useful strategy for brand owners is to explore the counterfeit market through criminal raids and challenge bigger fish through the civil courts where more severe penalties are available.