Abstract:

Trademark infringements are disposed in the first three paragraphs of article 61/A of the Decree-Law on the Protection of Trademarks numbered 556. The judiciary value protected by this infringements is the rights of the beneficiary of the trademark and the rights of the consumers. Then the trademark is the signs which aim to distinguish goods or services by the consumers and to show the quality of the goods or services. The first paragraph of the article 61/A disposes that “The person who produces goods or services by infringing the rights of trademark by quotation of confusion, exposes to sell or sells the good or services produced in this way is punished by prison sentence from one to three years and by judicial fine until twenty thousand days.” The article contains three different acts which are to produce goods or services, to expose for sell and to sell. It is sufficient to perform one of these acts to constitute a trademark infringement. To produce goods or services by infringing the rights of trademark by quotation of confusion or to expose to sell or to sell the goods or services produced in this way –even not produced by the same person- constitutes the infringement. In this study, we will examine the trademark infringements through the controversial points

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