What We Do

The trade of counterfeit, imitation, and illegal products related to intellectual property theft poses a global threat to key elements such as the economy and health. Before discussing the trade of counterfeit, imitation, and illegal products linked to intellectual property theft, it is essential to explain intellectual property rights. These rights are divided into two main groups: products related to intellectual property, such as works of art and literature (copyrights), and industrial property rights, which include trademarks, patents, and designs.

Copyrights consist of four main categories: scientific and literary works (including software), musical works, fine arts, and cinematic works. Copyrights grant the creator exclusive rights over their work, typically categorized as moral, economic, and hybrid rights. 

In addition to the author, copyrights also protect actors involved in bringing the work to consumers, such as publishers and producers.

Industrial property rights cover broader concepts, primarily patents, trademarks, and designs. These rights give the owners the exclusive right to produce, sell, and offer products that include industrial inventions or distinctive names and signs such as trademarks, for a limited time.

A trademark is defined as a sign that differentiates the goods and services of a business from those of others. Trademarks, which can be a sign or group of signs such as names, letters, figures, or color combinations, grant their owners exclusive rights to use them. They also prevent others from using similar signs without permission for the same or similar products. However, trademark violations are the most common form of intellectual property theft.

A patent is a document granted for a product that is new, industrially applicable, and involves an inventive step, giving the owner the exclusive right to allow others to produce the invention or prevent its unauthorized production.

A design is defined as the entirety of a product’s appearance or a part of it, including various elements or features perceived by human senses, such as lines, shapes, forms, colors, texture, materials, or flexibility.

Despite existing national and international legal regulations to protect intellectual property rights, the Organization for Economic Cooperation and Development (OECD) estimates that the trade of counterfeit, imitation, and illegal products exceeds $500 billion globally. In Turkey, this trade is estimated to be over $20 billion. However, these figures are believed to be far below the actual situation due to insufficient awareness of intellectual property rights and the lack of effective measures against counterfeit products.

Counterfeit, imitation, and illegal products are widely produced and sold in many fields, including pharmaceuticals, food and beverages, clothing, alcoholic beverages, automotive parts, electrical appliances, electronics, tobacco products, fuel, perfumes, cosmetics, and personal care products. This trade causes not only economic losses but also irreparable damage to health and employment.

Beyond the economic effects, these counterfeit products, often made from low-quality materials below standard, pose serious health and safety risks. In fact, despite the perception that counterfeit and illegal products are harmless, approximately 3,000 people die annually in G20 countries due to counterfeit consumer products.

The production of counterfeit and imitation goods also has a significant impact on employment, leading to a shift from rightful owners to firms that violate these rights, often offering worse working conditions. These products are produced by insecure and unregistered workers under dangerous conditions, resembling slave labor. This situation holds even for luxury counterfeit products. Additionally, if counterfeit products are imported rather than produced domestically, employment opportunities shift to other countries, especially Third World nations.

How Do We Fight It?

The fight against counterfeit, imitation, and illegal products related to intellectual property theft is on the agenda of many countries globally. Despite the efforts of governments and industry representatives, as well as national and international cooperation initiatives, the trade of counterfeit, imitation, and illegal products continues to grow. One reason for this is the rise of technology, particularly the internet, and the lack of awareness about intellectual property rights among many internet users.

Therefore, within the scope of the We Protect Your Brand Project, we use all available technological tools to detect counterfeit products involved in intellectual property theft. With the help of communication networks, expert brand detectives, over 3,000 brand volunteers, and intellectual property lawyers, we gather the necessary evidence for legal processes, protecting the rights of brand owners. Additionally, through regular seminars and awareness campaigns, we raise consumer awareness.

The intellectual property rights of works created through intellectual effort and artistic works are protected under copyright, while trademarks, patents, and industrial designs are protected under industrial property rights.

Of course, just like with any other rights, there are specific methods for protecting these rights. In cases of intellectual property rights violations, civil and criminal lawsuits can be filed.

Depending on the nature of the violation, the law provides for certain penalties. Similarly, criminal charges are investigated in cases of trademark violations, and if a violation is confirmed, penalties provided by law, such as imprisonment and fines, are imposed.

For design rights violations, civil lawsuits can be filed, including lawsuits for prevention, termination, and compensation. These include lawsuits aimed at preventing an anticipated violation, ending an ongoing violation, and compensating for material and moral damages caused by the violation.

Within the scope of the We Protect Your Brand Project, we specialize in identifying intellectual property rights violations involving products and works subject to intellectual and industrial property. Working with expert brand detectives and brand experts, we conduct evidence research and coordinate legal processes for firms, aiming to prevent and compensate for intellectual property theft worth billions of dollars.

Because intellectual property law contains unique rules, in addition to general legal knowledge, specialized expertise in this field is required. We collaborate with law firms specializing in intellectual property law to provide the necessary legal services for the protection of intellectual property rights.