A security sticker called banderole affixed to a work denotes its authenticity and serves as a deterrent to counterfeiters and required for commercial exploitation of some works. The Regulation Amending the Regulation on Procedures and Principles Regarding Banderol Implementation ("Amendment Regulation") published in Official Gazette numbered 31364 on 14 January 2021, and effective as of that date increases efficacy and efficiency in the fight against counterfeiting by simplifying and clarifying banderole procedures.
The Amendment Regulation provides, in relevant part, as follows:
- Within thirty days after passing through customs, banderoles must be affixed to all publications and copies of publications imported for sale in Turkey.
- An application for banderole must include a statement of entitlement by the rights-holder, and confirmation that the banderoles requested will be used on the relevant work, and to such application may be attached any additional documents required for the particular category of work.
- Banderoles must be printed by the Ministry of Culture and Tourism ("Ministry"). The type and characteristics of banderoles are determined and offered to sale by the General Directorate of Copyright.
- The number of banderoles requested must equal the number of copies of a work to be distributed. A single banderole may no longer be used for multipart works constituting an integral whole.
- Computer games are subject to cinematographic banderole requirements.
- Provincial inspection commissions are authorized to conduct inspections, upon notice or spontaneously, and to form committees on banderole procedures. The Amendment Regulation incorporates certain new structural and functional regulations on inspection committees.
- During criminal inspections, law enforcement may, where necessary, exercise powers granted by the Criminal Procedure Law and Law on Duties and Powers of the Police.
- In accordance with the Criminal Goods Regulation, and without affecting sampling rights, materials seized for banderole crimes will be destroyed.
- For distribution of imported, non-periodical publications, and copies thereof made pursuant to right-holder's specifications, banderols must be obtained collectively, provided; however, that a print run may not exceed one hundred pieces.
- When applying for banderols collectively, the applicant must specify the intended publications.
- Publication copiers are obligated to affix banderoles, which will be delivered to them, on publications that affixed of bandrol is obligatory, in accordance with right-holders' banderole request form.
Please see this link for the full text of the Amendment Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.