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ARTICLE · 10 APRIL 2012

Simplified Destruction Proceedings In Turkey

Moroglu Arseven
Moroglu Arseven
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The New Customs Regulation which came into effect in October 2009 provides a new mechanism for intellectual property right holders, known as 'simplified destruction.'

TurkeyIntellectual Property
Işık Özdoğan, LL.M.
Işık Özdoğan, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
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The New Customs Regulation which came into effect in October 2009 provides a new mechanism for intellectual property right holders, known as 'simplified destruction.' This mechanism 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 the suspension of the suspected goods at customs (three working days if the goods are perishable), trademark, patent,

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