In this article, we will examine the translations of some basic concepts in trademark criminal law to English legal terminology.
In practice, concepts related to the criminal provisions of trademark law can be confusing, and most of the time, there is no term association in practice. For this reason, we will examine the translations of some terms.
In the criminal provisions related to trademark rights in the Industrial Property Law, “marka hakkına tecavüz” is regulated. The translation of the term “marka hakkına tecavüz suçu” to English legal terminology is “trademark infringement”. According to the meaning used in English legal terminology, the word for “tecavüz” in a legal sense may have translations such as abuse, breach, or violation. However, the correct and precise terminology is “infringement”.
According to the Industrial Property Law, a person who produces or provides services, puts on the market or sells, imports or exports, buys for commercial purposes, possesses, transports or stores, while infringing a trademark right through quotation or likelihood of confusion, may be faced with imprisonment from one year to three years and/or judicial fines. Situations that require criminal sanctions generally occur when the product of a trademark is counterfeited or subject to other actions that are forbidden by law. Mistranslations of the term “taklit/sahte” are frequently encountered in practice. Although the words “fake” and “imitation” have the same meaning of “taklit/sahte” and are used from time to time in practice, the most appropriate and most widely used translation in legal terminology is “counterfeit”. For this reason, we are of the opinion that the correct translation for “taklit/sahte ürünler” is “counterfeit goods”.
In contrast to counterfeit products, we may encounter different English translations when talking about original products produced by the trademark owner him- or herself. Although the words “real” and “authentic” mean “orijinal ürünler” and are used from time to time in practice, the most appropriate and most widely used translation in legal terminology is “genuine goods”.
However, in order to detect actions requiring criminal sanctions in trademark law, “arama-el koyma” operations are carried out within the scope of criminal investigations in order to detect and confiscate counterfeit products that constitute an infringement of trademark rights. We would like to share with you the English translation of some terms related to this process performed by law enforcement officers with the request of the prosecutor and the decision of the Criminal Judgeship of Peace.
The correct English legal terminology for the term “arama-elkoyma” is “search and seizure”. In practice, the translation “confiscation” may also be used for the translation of the expression “el koyma”, we are of the opinion that, for the translation, “seizure” is more appropriate.
However, as is known, as a result of the detection and seizure of counterfeit products that constitute an infringement of the trademark right, these products may be destroyed during or after the trial. Prior to the Industrial Property Law, in the cases before the Intellectual Industrial Criminal Courts, it was decided that the counterfeit products which were determined as counterfeit with the expert report to be destroyed, together with the verdict at the end of the trial. But 163 of the Industrial Property Law. However, as a result of the rapid extermination procedure stipulated in Article 163 of the Industrial Property Law, the destruction of counterfeit products can also be carried out at the investigation or prosecution stage, within the conditions stipulated in the relevant article. For the extermination of such products, we may encounter different translations in English legal terminology. Translations such as “disposal” and “destruction”can be used for the destruction procedure. However, we believe that the phrase “destruction” is a more accurate translation of the English legal terminology for the process. In this case, the accurate translation for the term “hızlı imha prosedürü” stipulated in the Industrial Property Law would be “fast destruction procedure”.
