Marka Hakkına Tecavüz Suçları

Abstract

The market of standardized subjects for the consumption society, has resulted in the recognition of the marks symbolizing these standardized subjects and the protection scope by national and international regulations. In today’s market, marks are also commodified. This creates a system where the mark is even more valuable than the product. The free market economy creates its own law in each period. In the context of the economic system and public order acknowledged today, one of the duties of the state is to protect the economic order from threats and infringements. But the administrative law enforcement interventions are not sufficient; there is also need to civil and criminal law rules. With trademark and patent becoming an important indicator of intellectual capital and knowledge economy, trademark value has become one of the main factors in determining the value of companies. With the strength of the trademark becoming more important, a direct impact on investment relations began to take place. In order to keep the international system under control, the contracts process has put in place and the ways of protection by criminal law were raised. The punishment of these acts has other reasons such as the protection of consumers, public health and prevention of tax losses. However, these reasons don’t change the fact that the real target is the protection of capital and market. In Turkey, with the Industrial Property Law No. 6769, the period of decree law has come to an end and the criminal law regulations have finally achieved a basis for the principle of legality. In the thesis, the criminal provisions for the right of trademark shall be examined in terms of the elements of the crime and the procedure of criminal trial, but before, the basic concepts related to the trademark law and economic aspects are explained.