IP/N/1/TUR/5  
IP/N/1/TUR/E/1  
 
27 September 2023  
(23-6454)  Page: 1/2 
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 LAW N° 4458  
Notifying Member  TÜRKIYE  
 
Details of the notified legal text  
 
Title Customs Law N° 4458  
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_12349_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  
 
Türkiye has amended Article 57 of Customs Law 4458 regarding the protection of IPR  at customs. 
These amendments are based in particular on the implementation of the European Regulations.  
 
Customs authorities may suspend the release of goods if there are valid grounds for suspecting that 
these goods, which are subject to customs approve d treatment or use, infringe any IPRs. This 
suspension of release may take place via an application lodged by the right holder or –if there is no 
valid application of the right holder, ex-officio  actions for a duration of three business days. Where 
no inte rim injunction is submitted by the right holder , within three business days for perishable 
goods and within ten business days for other goods as from the notification of detention decision of 
the Customs office, the provisions of the customs procedure unde r which the declarant lodged his 
request shall apply. In the case of a justifiable excuse and upon the request of the right holder, the 
relevant customs office may grant additional time of up to ten business days. Goods whose customs 
procedures have been d etained by the relevant customs office shall be destroyed or disposed of, 
through the alteration of their essential characters in accordance with the decision of the duly 
empowered court.    
 
In cases where the goods protected under the rights that are req uired to be protected in accordance 
with the legislation on IPR and produced under the authorization of the right holder are subjected to 
a customs procedure without the consent of the right holder , or where they are produced under 
conditions other than th ose approved by the right holder or bear a different brand, these goods shall 
be excluded from the provisions of this Article.   
 IP/N/1/TUR/5 • IP/N/1/TUR/E/1  
 
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  Without the decision of the court regarding the infringement of IPR, the Customs authorities may 
permit the destruction of the goods whose customs procedures have been detained by the Customs 
authorities, under Customs control and within simplified destruc tion procedure s.   
 
Language(s) of 
notified legal text Turkish  
Entry into force  7 October 2009  
Other date   Adoption: 17 November 1999  
 
Notification details  
 
Submission date 
of notification  28 March 2023  
Other information  Article 57 of Customs Law No. 4458 was previously amended in 2009 by 
Law No. 5911  
 
https://www.resmigazete.gov.tr/eskiler/2009/07/20090707 -1.htm  
(Turkish)   
 
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.