Unfair Competition

Unfair Competition

 

The exclusive protection will come in to question when the trademark, design, patent and other industrial property matters are registered.

Whereas protection of names, titles, signs and various promotional instruments, which do not register as a trademark and as other industrial property rights and which used in the commercial area, will be protected within unfair competition provisions. These issues regulated in 6102 numbered Turkish Commercial Code.

Unfair competition can be defined as the deceptive act or abuse of economic competition through all sorts’ methods, contrary to goodwill. 

Fast development and changing nature of economic circumstances and sales, promotional methods in line with this fact constantly gave rise to various unfair competition cases and on this account, the lawmaker had to line up unfair competition cases, encountered frequently in implementation, through sampling upon making a definition of unfair competition.

The concept of unfair competition arranged within the framework of article 54 in Turkish Commercial Code. In the first paragraph, the objective of this law defined as the honest and incorrupt competition has to be ensured in favor of all participants. In the second paragraph, deceptive or attitudes, which contrary to integrity rules, which performed in other ways, and which affect relationships between competitors or suppliers and customers, or commercial practices regarded as unfair and unlawful.

As is evident, use of a comprehensive word like all participants (the expression of all participants account for the renowned trio of competition law, which comprises economy, consumer and public) in the Commercial Law prevented competition rules from being attributed to solely relationships between competitors.

KIRCI Law Office (KIRCI Avukatlık Bürosu) renders a wide range of services regarding unfair competition from the representation of our clients before Intellectual Property Courts to representation before Court of Cassation/Supreme Courts in Turkey.