Turkey: Evidence gathering is important in criminal actions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Evidence gathering is important in criminal actions

In Turkey, the prosecution of criminal offences relating to trademark law depends on a proper complaint filed by the trademark owner. Once the complaint and the evidence is submitted to the local prosecutor's office, the file is brought before the local criminal court. The criminal courts, however, have become more and more reluctant to issue decisions recently. Hence, it is now more important than ever for trademark owners to be well-prepared before filing a complaint, in terms of evidence gathering.

The preparation of the complaint starts with investigations, and on-site investigations are particularly important to obtain very basic evidence, such as the target's clear address, photos, samples with receipt etc. These steps should be handled by trusted investigators and the supervision of legal professionals should be sought at all times, as in Turkey, the activities of private investigators are not regulated by law.

Undercover notarised test purchases are the strongest evidence in criminal actions, especially where it is not possible to conduct a test purchase with receipt. With a notarised purchase, it becomes indisputable that the target deals with the sale of counterfeit goods, and it provides protection for the brand owner in case products cannot be seized during a raid (this theoretically gives the counterfeiter an option to request compensation from the complainant due to an unlawful raid).

The public prosecutor and the criminal judge may also request original samples to compare with the counterfeits and a simple technical report comparing the original and counterfeit items would be benefical. Witness statements are also an option, despite not being as strong as other forms of evidence.

Recently, public prosecutors have also started assigning the police for undercover investigations as per Articles 160 and 161 of Criminal Procedural Law, as an additional ground for the search and seizure warrant. In this circumstance, the police visits the target's address and confirms whether or not the targets deal with counterfeits. This conduct can also be supervised via contact with the police, so that the counterfeiters do not notice that they are under surveillance.

We suggest brand owners give priority to evidence gathering procedures before filing criminal complaints, not only to increase the chances of obtaining a search and seizure order but also in order to secure themselves against counterclaims from counterfeiters.

alhas-zeynepseda.jpg
bozoglu-ali.jpg

Zeynep

Seda

Alhas

Ali Bozoğlu


Gün + PartnersKore Şehitleri Cad. 17Zincirlikuyu 34394İstanbul, TurkeyTel: + (90) (212) 354 00 00Fax: + (90) (212) 274 20 95gun@gun.av.trgun.av.tr

more from across site and SHARED ros bottom lb

More from across our site

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article