Simplified destruction proceedings in Turkey


Isik Ozdogan and Ezgi Baklaci

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 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, design, utility model, copyright, copyright-related rights, integrated circuit topography rights or plant variety rights holders may contact the customs authority and request the destruction of the goods within the scope of the simplified destruction mechanism. The period of 10 working days can be extended by a further 10 working days in case of an acceptable excuse.

simplified destruction, EU