THE CONDITION OF FAULT ISSUE RELATED TO DEMANDS ARISING FROM TRADEMARK INFRINGEMENT

The primary precaution to be taken against trademark and product piracy include having clear and coherent legal arrangements to provide certainty and predictability of the law for the purpose of trademark rights protection. However, it is observed that the provisions which are related to demands against infringer for the trademark infringement in Decree Law No. 556 Pertaining to the Protection of Trademarks (DL556) are not clear and coherent enough. Particularly, ambiguousness in Article 61/c, 62/c, d, e and Article 64 DL556 cause some discussions. One of the major discussions is that whether the condition of fault is stipulated in order to prevent and stop the violation, confiscate products and dispose of products.