KÜHEYLAN HUKUK
Penalty for Selling Counterfeit Products: Crime of Infringing Trademark Rights (SMK Art. 30) Within the scope of Article 30 of the Industrial Property Law, the conditions of the crime, the right to complain, search and seizure, mediation, effective regret and the consequences of conviction. This guide has been updated as of 2026, based on the Industrial Property Law No. 6769, the Law on Intellectual and Artistic Works No. 5846 and the Supreme Court case law.
Selling, offering for sale, storing or carrying for commercial purposes an imitation product bearing a registered trademark is a crime punishable by imprisonment from one to three years and a judicial fine of up to twenty thousand days, according to the Industrial Property Law. The crime depends on the complaint, in order for a penalty to be imposed, the trademark must be registered in Türkiye and the file is first sent to mediation. The seller who helps the manufacturer to be caught by informing where the counterfeit product was obtained will not be penalized. This guide explains the elements of the crime, the current decisions of the 7th Criminal Chamber of the Supreme Court of Appeals regarding complaints and expert examination, the investigation process and the legal opportunities available to both the trademark owner and the suspect.
1. What Actions Constitute a Crime?
The first paragraph of Article 30 of the Industrial Property Law (IPC) punishes anyone who produces goods or provides services, offers for sale or sells, imports or exports, buys, keeps, transports or stores for commercial purposes by violating someone else's trademark right by quotation or confusion. Quotation is the exact copying of the brand. Implication is the use of a brand that is so similar that the consumer may be confused.
This regulation expanded the scope of the crime compared to the repealed Decree Law No. 556. The 7th Criminal Chamber of the Supreme Court of Appeals stated that in the previous regulation, only the acts of production, offering for sale and selling were punished, and that acts such as export, transportation and storage became crimes under the Civil Code and that the provision in force on the date of the crime would be applied (7th CD, 24.04.2024, E.2023/13844, K.2024/4512). As of today, counterfeit products kept in a warehouse for sale or transported by cargo are also the subject of the crime.
Article 30/1 Producing, selling, offering for sale, importing or exporting, purchasing, keeping, transporting and storing imitation branded goods for commercial purposes Imprisonment from 1 to 3 years and a judicial fine of up to 20,000 days
Article 30/2 Unauthorized removal of the sign indicating trademark protection from goods or packaging Imprisonment from 1 to 3 years and a judicial fine of up to 5,000 days
Article 30/3 Making an unauthorized transfer, license or lien on someone else's trademark Imprisonment from 2 to 4 years and a judicial fine of up to 5,000 days
Article 30/4 Committing the crime within the framework of the activities of a legal entity Legal entity-specific security measures
Imprisonment and judicial fine are foreseen together; The judge cannot choose one of the two. Judicial fines are determined between twenty and one hundred Turkish liras for one day (TCK article 52/2).
In order for a penalty to be imposed, the trademark must be registered in Türkiye (SMK article 30/5). Even if it is well-known abroad, a trademark that is not registered in Türkiye cannot benefit from criminal protection; In this case, only legal remedies come to the fore. The Supreme Court does not limit the existence of the registration to a formal control. In its decision dated 2026, the 7th Criminal Chamber stated; It overturned the conviction based on incomplete examination, emphasizing that certified and colored samples of the registration documents should be brought together with the commodity list, and that it should be determined by expert examination whether the trademarks were valid on the date of the crime and whether they were registered in the class covering the seized product (7th CD, 09.03.2026, E.2023/5733, K.2026/2665).
A crime can only be committed intentionally. Whether the products are known to be counterfeit; It is evaluated with concrete facts such as purchase price, product quality, source of supply, invoices and delivery notes, and how the products are displayed. Purchases well below market value, without invoices and of unknown origin facilitate acceptance of the caste. The trademark owner cannot file a complaint against people who purchase or use counterfeit products for personal needs (SMK article 153/1).
3. Complaint: Who, When, How?
Investigation and prosecution of these crimes depends on the complaint (SMK article 30/6). The complaint must be made within six months from the date on which the act and the perpetrator became known (TCK Article 73/1). Considering the penalty prescribed for the crime, the statute of limitations for the case is eight years (TCK article 66/1-e).
The 7th Criminal Chamber of the Supreme Court of Appeals emphasizes that the right to complain belongs exclusively to the real or legal person in whose name the trademark is registered in the TURKPATENT registry and that this right is strictly dependent on the individual. The complaint can be made through a lawyer; However, the power of attorney must include the complaint authority. The department overturned the convictions in the files where there was no valid complaint due to the restrictions in the power of attorney (7th CD, 12.03.2025, E.2023/14345, K.2025/3720; 7th CD, 30.04.2025, E.2023/9576, K.2025/6172). This approach makes the legality of the complaint one of the first points to be checked in terms of defense.
Upon the complaint of the trademark owner, the Public Prosecutor's Office carries out a search of the workplace and warehouse by the decision of the judge or in accordance with the procedure in the law in cases where delay is harmful. The seized products are confiscated and examined by an expert whether the products are original, the same as the registered trademark, or whether they are confusingly similar. If it is difficult to preserve the products due to their number or quality, a decision can be taken to destroy them (SMK article 163). In case of conviction, the confiscation of counterfeit products is ordered. These cases are heard by the intellectual and industrial rights criminal court, or the criminal court of first instance appointed in places where this court does not exist (SMK article 156/1). Procedures of the customs administration are also applied for counterfeit goods seized at customs; This process is covered in Küheylan Law Firm's customs and smuggling guides.
Crimes based on complaints are within the scope of mediation (CMK article 253/1-a). If there is sufficient suspicion in the investigation, the file is sent to the conciliation office before the indictment is issued. The Supreme Court overruled the provisions established without resorting to conciliation, stating that conciliation is an institution that must be applied primarily in investigation and prosecution and that the special effective regret provision regarding the trademark does not prevent conciliation (7th CD, 04.03.2024, E.2021/18329, K.2024/2219).
The act of settlement is usually a compensation payment, delivery of remaining products and covering the costs of destruction. If the action is fulfilled all at once, it is decided that there is no need for prosecution. The point that should be taken into consideration for the trademark owner is this: After a compromise is reached, a compensation lawsuit cannot be filed for the same crime, except for damages that were unknown at the time of the compromise, and the lawsuit filed is deemed to be waived (CMK article 253/19). The settlement fee should be determined by considering all legal claims.
SMK also provides sellers with a special opportunity for effective repentance. If the person who offers or sells counterfeit goods informs where he obtained the goods and thus ensures that the producers are discovered and the produced goods are seized, he will not be penalized (SMK article 30/7). Providing information alone is not enough for the implementation of the provision; The notification must enable the manufacturer to be reached and the goods to be seized. For this reason, it is crucial that the supplier's invoices, correspondence and payment records are submitted to the investigation authority at an early stage.
The prison sentence, which has a lower limit of one year, can be converted into alternative sanctions when it falls below one year with a discretionary reduction (TCK Article 50). In prison sentences of two years or less, postponement of the announcement of the sentence (CMK Article 231) or postponement of the sentence (TCK Article 51) is on the agenda, if the conditions are met. In these decisions, the defendant's ability to compensate for the damage is an important criterion.
Regardless of the criminal case, the trademark owner; can file a lawsuit in civil court to detect and stop rape and demand compensation. The 11th Civil Chamber of the Supreme Court of Appeals accepted that it is not necessary for a sale to occur for trademark infringement, that the seizure of the products in a commercial enterprise presupposes that they are kept for commercial purposes, and that a prudent trader should have known that the trademark was imitated (11th HD, 15.04.2026, E.2025/4961, K.2026/2062). The legal process is also examined in the trademark infringement and compensation guide in this series.
M.K., who runs a boutique in Izmir, offered for sale 40 tracksuits bearing the logo of a well-known sports brand, which he bought from a wholesaler with an invoice. During the search conducted upon the trademark owner's complaint, the products were confiscated and the expert determined that the products were counterfeit. M.K. stated that he thought the products were original and that the purchase price was approximately one-third of the market price.
Offering products for sale is within the scope of SMK article 30/1; low purchase price, M.K. in assessing caste. It is an adverse fact. In the defense, it must first be checked whether the complaint was made by the trademark owner in the registry with a power of attorney containing sufficient authority, and whether the trademark was registered in the class covering tracksuits on the date of the crime. The invoices and correspondence in M.K.'s possession are also valuable in terms of effective regret: If it is determined that production was carried out in the warehouse and the goods were seized upon notification of the wholesaler, M.K. No penalty will be imposed on him (Art. 30/7). If this method does not yield results, it is possible to destroy the products remaining in the conciliation phase and close the file in return for a reasonable compensation.
Is it a crime to buy counterfeit products for personal use?
No. SMK article 30 penalizes purchasing and possessing for commercial purposes. The trademark owner cannot complain or file a lawsuit against people who buy or use counterfeit products for personal needs (SMK article 153/1).
Are sales made on the internet or social media also considered a crime?
Yes. Advertisements on e-commerce sites and sales offers made on social media are considered "offers for sale". Advertisement records, payment transactions and cargo information are the main evidence in these files.
When does the complaint period start?
It is six months from the date the trademark owner learns about the act and the perpetrator. The period starts from the date of learning, not from the date the act was committed; However, in any case, the lawsuit is limited to the statute of limitations.
Can the trademark owner withdraw his complaint?
Yes. As a rule, dropping the complaint results in the case being dismissed; At the prosecution stage, it has no consequences if the defendant does not agree to give up (TCK Article 73/4).
How to find out whether the brand sold is registered or not?
With TÜRKPATENT's online trademark research service, the owner of the trademark, registration date, protection period and classes covered can be queried. Requesting a certificate of authenticity or an authorized distributor certificate from the supplier also reduces the risk.
Buying goods whose source is not documented: Purchases made without an invoice or well below the market price both facilitate the acceptance of intent and eliminate the possibility of effective regret.
Late use of effective repentance: Implementation of the provision depends on the notification ensuring the discovery of the producer and the seizure of the goods. As time goes by, this result becomes more difficult.
Not checking the expert report: Reports given without examining the validity of the registration certificate on the date of the crime and the scope of the commodity are grounds for reversal.
Filing the complaint with an inadequate power of attorney: For the brand owner, a power of attorney that does not expressly include the authority to complain may invalidate the entire process.
Determining the settlement amount without taking into account legal claims: After the settlement, a compensation lawsuit cannot be filed for the same crime.
The crime of trademark infringement, despite its heavy sanctions, is strictly dependent on the conditions of complaint, registration and intention. Conciliation and the effective remorse provision specific to sellers allow the file to be concluded without a conviction. For the trademark owner, filing the complaint in accordance with the procedure and evaluating the settlement fee together with the legal demands determine the efficiency of the process.
Küheylan Law Firm follows up the complaint, search and seizure processes on behalf of brand owners; On behalf of businesses under investigation, it carries out the audit of complaints and expert reports, carries out effective repentance and reconciliation negotiations, and handles criminal and legal files within a single strategy.
Important Legal Notice: This guide has been prepared by Küheylan Law Firm for general information purposes and does not constitute a legal opinion. Since legislation and judicial precedents may vary, a file-specific legal evaluation must be made before deciding on concrete disputes. Person names and numbers in the case studies are representative.
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