Parallel imports and grey market goods (ie, genuine products that have been imported into a country without the trademark owner's consent, after being legitimately placed on the market elsewhere] have long been a subject of legal and commercial tension worldwide, and a main topic for discussions around trademark rights. Most countries apply a national or regional exhaustion of trademark rights. However, Article 7 of the Turkish Industrial Property Code 6769 (IP Code]. which sets out the scope of trademark rights in Türkiye, is interpreted to allow for international exhaustion. This means that trademark rights are considered exhausted globally; once the product is lawfully sold with the brand owner's consent anywhere in the world, it can be imported and resold in Türkiye.
Therefore, in principle, parallel imports are allowed in Türkiye.
While this policy promotes trade liberalisation and market access, it also raises concerns for trademark owners by creating a complex environment in which the legal permit of parallel trade meets real-world limits. Such products in the market complicate efforts to maintain uniform pricing and distribution strategies across markets. They also create obstacles for quality control, especially where grey market goods differ in packaging or compliance standards from items produced for the Turkish market.
The IP Code has established boundaries to international exhaustion, mainly to protect consumer interests and the integrity of trademarks. For instance, grey market goods can be considered infringing if they are materially different or altered from their original version. This means that if imported original goods are altered, mislabelled or otherwise tampered with, they may violate IP rights directly.
Still, trademark owners tackling grey market goods must seek further remedies and examine sector-specific laws and regulatory obligations to support their battle. The enforcement landscape in Türkiye is shaped as much by regulation and practice as by IP law.
Regulatory options
Türkiye's IP laws do not ban parallel imports outright, but other laws may block them. Some products leg, pharmaceuticals, foodstuff and beverages, medical devices, food supplements and alcoholic beverages] must meet strict import rules. These rules include obtaining licences or approvals from agencies leg, the Turkish Medicines and Medical Devices Agency or the Ministry of Agriculture and Forestry]. If parallel imported goods lack these approvals, they can be stopped, even if they are genuine. In such cases, the goods are blocked not because of IP rights but because of non-compliance with safety, health or tax laws. This offers brand owners an important enforcement tool outside the IP system.
Customs applications
Customs IP applications are one of the most useful tools for IP
owners in Tiirkiye. Foreseen by the Customs Regulation issued under
the Customs Law 4458, they enable rights holders to ask Customs to
monitor and hold shipments of goods that may infringe on their
trademarks or other IP rights. When Customs identifies suspicious
goods, it will notify the rights holder, which can then inspect the
shipment. Although this tool primarily targets the detection,
seizure and destruction of counterfeit goods, it has proven
to be useful against non-compliant goods. When suspected goods are
suspended by Customs, they reveal supply chains, shipping patterns
and repeat offenders of counterfeit goods, as well as that of grey
market goods.
In practice, Turkish Customs has detained many shipments of grey market goods, particularly pharmaceuticals, beverages and personal care products, under suspicion of counterfeiting or regulatory non-compliance. Thus, brand owners have a valuable opportunity to act before the products reach the market, if they have representation before Customs.
A complex landscape
Although Tiirkiye adheres to an international exhaustion principle that permits parallel imports, the broader enforcement landscape is more complex. Regulatory approvals, customs scrutiny and compliance requirements often block unauthorised goods from entering the market, regardless of their permissibility under IP law. While international exhaustion continues to spark debate among practitioners, Tiirkiye offers brand owners practical tools to mitigate grey market risks. By combining IP enforcement, regulatory know-how and strategic customs action, companies can protect their trademarks and market position in an increasingly globalised environment.
First published by WTR in Jul 25, 2025.
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.
