IP/N/1/TUR/7  
IP/N/1/TUR/E/2  
 
28 September 2023  
(23-6489)  Page: 1/3 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
TÜRKIYE : CUSTOMS REGULATION  
Notifying Member  TÜRKIYE  
 
Details of the notified legal text  
 
Title Customs Regulation  
Subject matter  Enforcement  
Nature of 
notification  [  ] Main dedicated intellectual property law or regulation  
[X] Other law or regulation  
Link to legal text* https://ip -documents.info/2023/IP/TUR/23_11352_00_x.pdf  
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/TUR/2  
Brief description of the notified legal text  
 
Articles 105 -111 of the Turkish Customs Regulation are replaced by Articles 100 -111 of the Customs 
Regulation dated 07 October 2009. These articles are amended according to article 57 of the 
Customs Law 4458 regarding to protection of IPR at customs.  
 
The right holder of a good who alleges that the goods infringe an IPR may lodge an electronic 
application to the competent customs authorities. The customs authorities shall process the 
application and notify the applicant of its decision within 30 working days of the receipt of the  
application. The right holder shall not be charged a fee to cover the administrative costs resulting 
from the processing of the application.  
 
Applications for action must include the information needed to enable the goods in question to be 
readily recogn ized by customs authorities and , in particular , an accurate and detailed technical 
description of goods, any information the right holder may have regarding the type or pattern of 
fraud, name and address of the contact person determined by the right holder . 
 
The applicants should provide the documents proving that the applicant holds the right for the goods 
in question and the right in question is registered in Türkiye.  
 
Once the customs suspend or detain the IPR infringing goods, the right holder and the h older of the 
goods are informed within a working day following the detention date. Excluding the confidential 
data, upon request of the right holder, customs authorities shall inform the right holder of the names 
and addresses of the consignee, the consign or, the declarant or the holder of the goods and the  IP/N/1/TUR/7 • IP/N/1/TUR/E/2  
 
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  origin or the provenance of goods suspected of infringing an IPR in order to apply to the competent 
court.  
 
Customs authorities shall give the right holder the opportunity to inspect the goods that have been 
detained or release of which has been suspended. Upon the request of the right holder, the customs 
office may take samples in order to send them to the right holder, strictly for the purposes  of analysis 
and to facilitate the subsequent procedure. The samples must be returned to the customs office on 
completion of the technical analysis and before the goods ' customs formalities are completed. Any 
analysis of these samples shall be carried out under the sole responsibility of the right holder.  
 
Customs Authorities also may act on its own and detain/suspend the goods in order to enable the 
right holder to lodge an e -application in 3 working days when there is apparent evidence that the 
goods in q uestion infringe IPR. Once the detention is made by the customs authority, the right holder 
is informed about the detention within the working day following the detention/suspension date.  
 
During the 3 working days, the right holder must lodge an appropri ate application at the General 
Directorate for Customs of Ministry of Trade of Türkiye. Once the competent customs department 
approves the application made by the right holder, the right holder must submit a preliminary 
injunction from a duly empowered leg al authority in 10 working days (which, in appropriate cases, 
may be extended by a further 10 working days upon a justified reason) after the application date at 
the competent customs department . 
 
Within 10 working days (which, in appropriate cases, may be  extended by a further 10 working days 
upon a justified reason) after the right holder has been served notice of the detention, the right 
holder must inform customs that a duly empowered legal authority has taken provisional measures 
extending the detentio n/suspension. The goods must otherwise be released by customs. For 
perishable goods, the period for supplying the customs authority with interim injunction is 3 working 
days without any extension.  
 
Simplified destruction may take place without any court de cision.  
 
Language(s) of 
notified legal text Turkish  
Entry into force  7 October 2009  
Other date   Publication: 7 October 2009  
 
Notification details  
 
Submission date 
of notification  28 March 2023  
Other information  Customs Regulation 
https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=13472&MevzuatTur=7&
MevzuatTertip=5  (Turkish)  
 
The law shows the changed articles of the Turkish Customs Regulation in 
comparison with the old one 
https://www.resmigazete.gov.tr/eskiler/2009/07/20090707 -1.htm    
 
See also IP/N/1/TUR/5   
(Customs Law)  
 IP/N/1/TUR/7 • IP/N/1/TUR/E/2  
 
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  Agency or 
authority 
responsible  Ministry of Trade of Türkiye  
Directorate General of Customs  
 
ESKİŞEHİR YOLU YERLEŞKESİ Dumlupınar Bulvarı No: 151  
Eskisehir Yolu 9. Km. 06800  
Çankaya , ANKARA  
 
+90 312 204 75 00  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.