A. Quick and First Step Response

A.1.

Identification of Evidence

With the identification of evidence, measures are taken to prevent the loss of evidence that will help the case to be decided, and evidence can be identified before the case.
A.2.

Criminal Complaint And Prosecution Intervention

Acts considered as infringement in the law are also considered as offences. The prosecution of these offences is subject to complaint. After the collection of evidence by the Prosecutor's Office, if it is determined that the offence has occurred, the indictment will be prepared and the file will be sent to the Criminal Court and the trial will begin.
A.3.

Precautionary Measure

Persons whose rights are infringed and who have filed or will file a lawsuit for this reason may request an interim injunction from the court by proving that the variety subject to the lawsuit is being used in a way that infringes their rights or that efforts are being made to use it. According to the interim injunction decision of the court, the infringing varieties may be seized and taken under custody or the actions related to the variety subject to the lawsuit may be stopped. Thus, it will be possible to prevent the occurrence or increase of the damage of the right holder before the judgement, which may take a long time, is concluded.
A.4.

Seizure

As a result of the final decision of the court or the interim injunction that may be issued, the materials produced as a result of infringement of the right and the means directly used in their production can be seized anywhere within the borders of Turkey.
A.5.

Customs Intervation

The detention of goods that infringe the rights of the right holder or the suspension of customs procedures is carried out by the customs authorities upon the request of the right holder or its representative. What happens to the materials seized at customs will be determined by the judgement rendered as a result of the lawsuit.
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Damaging Stages

B.1.

Action for Cessation of Infringement

The person whose rights have been infringed may request the court to stop the acts of infringement. If the infringement has not yet started but the danger of infringement has arisen, a lawsuit for the prevention of infringement can be filed, as well as a lawsuit for the cessation of infringement can be filed to stop an ongoing act of infringement.
B.2.

Action for Removal of Infringement

In order to file this lawsuit, the infringement of the right must have occurred and its consequences must have emerged. This lawsuit aims to return to the situation before the infringement. For this purpose, the following requests can be made: Confiscation of the infringing material, granting the right holder the right of ownership over the confiscated material, changing the shape of the confiscated material and tools or destruction.
B.3.

Action for Monetary Compensation

In order to compensate the right holder for the material losses incurred as a result of acts involving infringement of the right holder's right - although mostly requested within the infringement lawsuit - a material compensation lawsuit may be filed. Not only the actual damage incurred, but also the deprived profit can be claimed in material compensation cases.
B.4.

Moral Compensation Case

In the event of infringement of the breeder's right regarding the variety, which constitutes the result of the researches and efforts made by the right holder for many years, it is possible that the moral damage of the right holder may also arise. In this case, an action for non-pecuniary damages may be filed against the infringers, although it is usually claimed within the infringement action.

C. Interference In The Registration Of Similar Varieties

01.

Objection

 In the event that the breeder’s right application contains identity or high similarity with an existing variety, objections to this application shall be made to the Ministry within three months from the date of publication of the application in the Bulletin. Objections may be lodged on the grounds that the variety is not new, different, uniform and established or that the applicant is not the right holder or that the name proposed for the variety is not in accordance with the Law. In particular, objections to applications for varieties that are not considered to be different from the applicant’s own variety or whose name is similar to the applicant’s own variety name or trademark are important for the right holders to protect their own breeder rights.

02.

Invalidation

A lawsuit may be filed for the invalidation of the breeder’s right in cases where it is understood that the variety for which the breeder’s right has been established does not meet the conditions of novelty, difference, uniformity or stagnation at the date of application, or that the registration of the breeder’s right has been made on behalf of an unauthorised person.

Licence Agrement
International Registration and Licence