In Türkiye, the penalty for selling counterfeit goods is one to three years in prison and a judicial fine of up to twenty thousand days, under Article 30 of Industrial Property Law No. 6769. The offence is investigated only on the brand owner's complaint, and a sentence can be passed only if the trademark is registered in Türkiye. Alongside the criminal route, the brand owner can use the civil claims in Article 149 and the marketplace complaint procedure. The brand owner decides which route to take together with its lawyer.
Is selling counterfeit goods a crime in Türkiye?
Yes. Under Article 30(1), anyone who infringes another's trademark right by copying the mark or using a confusingly similar sign and who produces goods or provides services, offers for sale or sells, imports or exports, buys for commercial purposes, holds, transports or stores them is punished. The article covers not only the manufacturer but also the sellers, importers and warehouse keepers in the chain.
The law sets two conditions. First, the trademark must be registered in Türkiye (30(5)). Second, investigation and prosecution depend on a complaint (30(6)). The public prosecutor does not act without the brand owner's complaint.
Which act carries which penalty under Article 30?
| Act | Penalty | Basis |
|---|---|---|
| Producing, offering for sale, selling, importing or exporting, buying for commercial purposes, holding, transporting or storing in infringement of a trademark | 1-3 years in prison and a judicial fine of up to 20,000 days | Art. 30(1) |
| Removing, without authority, the sign showing trademark protection from goods or packaging | 1-3 years in prison and a judicial fine of up to 5,000 days | Art. 30(2) |
| Assigning, licensing or pledging another's trademark right without authority | 2-4 years in prison and a judicial fine of up to 5,000 days | Art. 30(3) |
| Offence committed within the activities of a legal entity | Security measures specific to legal entities, in addition | Art. 30(4) |
Some sources say that selling counterfeits carries "up to 4 years in prison". Under the text of the law, the 2-4 year range applies to unauthorised assignment, licensing and pledging, not to sales. Selling and offering for sale fall under Article 30(1).
Which acts are matters for a civil case rather than a criminal one?
Article 29 lists the acts that count as trademark infringement and is the basis of the civil route. Using the mark without permission, imitating it, and selling, distributing, importing, exporting or holding for commercial purposes goods bearing an imitated mark while knowing or having to know it is imitated are infringements (29(1)(a), (b), (c)). Extending the rights granted under a licence without permission is also on the list (29(1)(ç)).
The two articles look at the same event from different angles. Article 29 is the basis for a civil action, Article 30 for a criminal complaint. For example, the criminal route is closed for a mark registered only outside Türkiye (30(5)), but the brand owner may have other legal options. That assessment is the lawyer's job.
What happens if the seller reveals where the goods came from?
Article 30(7) provides that no penalty is imposed on a person who offers for sale or sells counterfeit goods if that person discloses where the goods were obtained and thereby enables the producers to be identified and the goods to be seized. This rule matters to the brand owner too: many small sellers are often supplied by a few sources. A process against a seller can open the way to the source. How this option is used is the lawyer's decision.
Is buying a counterfeit for personal use a crime?
Under Article 153(1), the right holder cannot bring a civil action or file a criminal complaint against persons who hold or use, to the extent of their personal needs, products put on the market by the infringer. The law targets the commercial chain, not the consumer.
Which routes can the brand owner use?
The brand owner has several routes that do not exclude each other:
- Criminal complaint. The complaint is made to the public prosecutor. Under Article 73 of the Turkish Criminal Code, the complaint period for offences that depend on a complaint is six months, starting from the date the act and the offender become known.
- Civil action. Under Article 149(1), the right holder can ask the court to establish the infringement, prevent it, stop it, award compensation for material and non-material damage, seize the goods and publish the final judgment. Lost profit is calculated by one of the three methods in Article 151(2): the likely income without the infringement, the infringer's net profit or a reasonable licence fee. Compensation can also be claimed for damage to reputation (150(2)).
- Preliminary injunction. Under Article 159, the court can be asked to stop the infringement and to seize the goods wherever they are, including customs and free zones.
- Marketplace complaint. Under Article 9(3) of Law No. 6563, the marketplace removes the product on the right holder's complaint based on information and documents. This route is independent of the courts; the parties' right to go to court is reserved.
- Customs. Under Article 57 of the Customs Law, goods that infringe the right can be detained at customs at the right holder's request.
These cases are heard by the specialised intellectual and industrial property civil and criminal courts, or by the general civil and criminal courts of first instance where none has been set up (Art. 156(1)). Limitation periods for civil claims follow the Turkish Code of Obligations (Art. 157); under Article 72 of that Code, a compensation claim is time-barred two years after the damage and the liable person become known, and in any case ten years after the act.
Article 5/A of the Turkish Commercial Code makes mediation a precondition for commercial cases whose subject is a claim for a sum of money or compensation. Confirm with your lawyer whether your specific claim falls within this rule.
How is an online sale proved?
Under Article 7(3), using the mark online as a domain name, redirecting code or keyword in a way that has a commercial effect can also be prohibited. Whichever route is chosen for an online sale, the first task is to record the listing before it disappears:
- the listing link, a dated screenshot and the time of capture,
- the seller's store name and identity and contact details on the platform,
- the price, stock information, product images and description,
- a comparison of the listing with the classes of goods and services in the registration certificate,
- where available, photos of the product, invoice and packaging from a test purchase.
Price and stock information is useful not only for the complaint but also for calculating lost profit under Article 151. We explain how to collect evidence in how to collect evidence of brand infringement and the value of screenshots in is a screenshot valid evidence?.
Why should you not wait after detection?
The six-month period for a criminal complaint starts when the act and the offender become known. The two-year limitation for civil claims is also tied to the date of knowledge. A dated detection record shows when you became aware, so the file should go to your lawyer without delay after detection. For all the periods in one table, see trademark protection deadlines.
Where does Authex fit in this process?
Authex detects listings that use your brand without permission on marketplaces, e-commerce sites, social media and ads, collects each finding in an evidence file with the source link, date and time of capture, screenshot and seller details, and prepares a notice draft. Findings are ranked by risk; the same seller's different listings and recurring findings are shown together.
Choosing between a criminal complaint, a civil action, a preliminary injunction and a marketplace complaint is a legal decision. The brand owner and its lawyer make it and file the complaint; the platform decides on removal and the court on the penalty. In this division of work, Authex prepares the file the lawyer works with.
Frequently asked questions
How many years in prison for selling counterfeit goods in Türkiye?
Under Article 30(1), one to three years in prison and a judicial fine of up to twenty thousand days. The two-to-four-year range applies only to unauthorised assignment, licensing and pledging.
Can a criminal complaint be filed for an unregistered trademark?
No. Under Article 30(5), a sentence requires the trademark to be registered in Türkiye. We explain the routes open to an unregistered mark in is an unregistered trademark protected?.
Is there a deadline for a criminal complaint?
Under Article 73 of the Turkish Criminal Code, the complaint period for offences that depend on a complaint is six months from the date the act and the offender become known.
Does labelling goods "A quality" or "replica" protect the seller?
The text of the law sets no exception for such wording; Article 30(1) lists offering for sale and selling. How such wording affects the assessment of intent is for the court in each case. Review case law with your lawyer.
Does a marketplace complaint replace a criminal complaint?
No. A marketplace complaint aims at removing the listing; a criminal complaint is made to the public prosecutor. The two routes are independent and can be used together.
This article is for general information and is not legal advice. Discuss with your lawyer which route to use in a specific case.
Sources
- Industrial Property Law No. 6769 (Articles 7, 29, 30, 149-151, 153, 156, 157, 159), in Turkish
- Turkish Criminal Code No. 5237 (Article 73), in Turkish
- Turkish Code of Obligations No. 6098 (Article 72), in Turkish
- Law No. 6563 on the Regulation of Electronic Commerce (Article 9), in Turkish
- Turkish Commercial Code No. 6102 (Article 5/A), in Turkish
- Customs Law No. 4458 (Article 57), in Turkish
