Search And Seizure Warrants In Criminal Proceedings

The criminal provisions of the Code of Industrial Property No:6769 (IP Code) which has been entered into force on January 10, 2017 lists the following acts to constitute trademark infringement;

"manufacturing, providing services, offer for sale, selling, importing, exporting, purchasing for commercial purposes, holding possession, transporting and storing for commercial purpose."

The Code enables the registered trademark holder to initiate criminal action against a third party's infringing acts. The criminal proceeding is initiated with the filing of a complaint before the local Public Prosecutor by the right holder. The complaint if accepted by the Public Prosecutor will be then referred to the General Criminal Court for the issuance of search and seizure warrant which will enable the police the search and seize the counterfeit products.