Successful Legal Action Ensures Immediate Destruction of Counterfeit Beverage Products at Customs

We successfully represented a global and well-known food and beverages company in the case against the illegal importation of 9.546 pieces of counterfeit soft drink products bearing the company's trademarks. The goods were suspended at GAP-Oncupınar Customs, where an expert report unequivocally confirmed their counterfeit nature during the investigation phase.

In the precedent decision, the Court, adhering to the provisions of Article 163/2 of the Turkish IP Code no. 67691 in relation to fast destruction procedures, ordered the immediate destruction of the suspicious goods considering their nature as counterfeit beverages. This article outlines a procedure for the destruction of suspended products when storage is impractical, and there is a risk of damage or substantial loss in value confirmed with an expert report. The chief public prosecutor, upon expert examination, may request the court to order the destruction of such articles, as stipulated in the Turkish IP Code at the investigation phase or prosecution phase.

Beyond its legal significance, the Court's decision to destroy counterfeit goods is a crucial step in safeguarding public health considering that counterfeit food and beverage products inherently pose risks, necessitating their swift removal from circulation.

Following the Court's order, the destruction procedure was completed, and the counterfeiting products have been destroyed.

We are proud to have played a pivotal role in safeguarding our client's intellectual property rights and contributing to the protection of public health.