The consumer has extensive rights in the case of a product purchased as a branded product but turned out to be a imitation.
Consumer's Rights
- Full return + refund
- Material and moral compensation
- Additional damage (e.g. the embarrassment of giving a non-branded product as a gift)
Penal Dimension (For the Seller)
- SMK (Industrial Property Law) Article 30: 1-3 years imprisonment + judicial fine
- TCK Article 157 fraud
- Increases according to the number of products
Rights of the Trademark Owner
- Trademark infringement lawsuit
- Compensation (unfair commercial gain)
- Destruction of the products
- Website closure
Complaint Procedures
- Written refund request to the seller
- Consumer arbitration committee / court
- Criminal complaint to the public prosecutor's office
- Information to the brand owner (collective victimization)
Supreme Court 11th HD and 19th HD
11. HD accepts that in the sale of counterfeit branded products, the seller will be considered as "grossly at fault" and additional compensation should be given. lawyer recommended.