Marka Hakkına Tecavüz - Yargıtay 19. Ceza Dairesi 2019/35448 Esas 2020/1759 Karar Sayılı İlamı
Esas No: 2019/35448
Karar No: 2020/1759
Karar Tarihi: 20.02.2020
Marka Hakkına Tecavüz - Yargıtay 19. Ceza Dairesi 2019/35448 Esas 2020/1759 Karar Sayılı İlamı
Özet:
The 19th Criminal Chamber has ruled that the defendant is guilty of violating the trademark right. The case was started upon the complaint of The Polo Lauren Company L.P. and it was found that the defendant had indeed committed the crime of trademark infringement. However, it was also discovered that the power of attorney given to the plaintiff was limited to communication via letters, faxes, or e-mails regarding specific cases such as customs disputes or other legal cases. Therefore, the court requested a translated copy or certified sample of the permission letter that the defendant had received from The Polo Lauren Company L.P. stating that the plaintiff had permission to exercise their complaint rights in this particular case. This was required for inspection and was to be added to the file. The case was referred to the Yargıtay Republic Prosecutor's Office for processing.Kanun maddeleri:
- Yürürlükte olan 556 sayılı Kanun Hükmünde Kararnamenin 61/A-1 maddesi. Bu madde, marka hakkına tecavüz suçunun şikayete tabi olduğunu belirtmektedir.
