Question: How to apply for the protection of IPR at Customs?

Answer: Right holders or their representatives may use their electronic signatures and apply online through the web page of the Ministry of Trade (www.ticaret.gov.tr). The applications are concluded online and the result is conveyed to the applicant by e-mail.
 
Neither a fee nor a security is requested from the applicant.
 
The applicant must specify the period during which customs authorities are to take action.
 
This period shall not exceed one year.
 
The online application guidelines in Turkish may be accessed at www.ticaret.gov.tr.
                         

Question: What are the main elements of the procedures relating to the suspension of the release of goods by customs authorities?

Answer: Customs authorities may suspend the release of goods if there is valid grounds for suspecting that these goods which are subject to any customs approved treatment or use, including goods changing vehicle in Turkish Customs Territory; are infringing intellectual property rights. This suspension of release may take place via an online application lodged by the right holder or ex-officio actions.
 
Once the application is examined and found valid, the customs authorities may hold the goods in question for up to ten working days, for perishable goods 3 working days, from the date of the notification. During this time, the applicant must obtain preliminary precaution from the court.
 
If there is valid grounds of infringement of IPR, customs authorities may detain goods or suspend the release of goods by acting ex officio. The right holder and the declarant or holder of the goods shall be notified in the first working day following the detention or suspension of release in order to enable the right holder to submit an application for action electronically.

After the notification, the right holder has to submit an application to customs authorities within three working days. If the right holder doesn’t lodge an e-application within this period, the goods are released.