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COMMERCIAL LAW
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Legal Actions to be Filed
Article 56 of NCC sets forth the legal actions to be filed in case of
unfair competition. These legal actions are as follows:
a. Declaratory Action: This action seeks for determination of unfair
competition acts. This action sets forth for the situations where a
declaratory judgment is sufficient.
b. Action for Prevention of Unfair Competition: This action aims
to stop an unfair competition act. It is regulated for the on-going
unfair competition action.
c. Restitution Action: This action is for eliminating the factual
situation upon an unfair competition act or if the unfair competition
made by false and misleading statements, for correction of
those statements. In this action, all negative effects of the unfair
competition act in the market shall be eliminated. It is possible
to correct false and misleading statement with this action. It does
not have a compensatory nature; however it is possible to file this
action with a compensatory action.
d. Compensatory Action: This action can be filed both for pecuniary
and non-pecuniary damages. With this action, the one who suffer
from the unfair competition act will claim for his damages. It
requires a fault of the defendant/perpetrator and damages of the
plaintiff. In this action, the plaintiff shall prove the fault of the
defendant, the amount of the damages and the casual link between
the defendant’s fault and the damages he suffers. It is not always
easy to prove and calculate the scale of the damages. For this
reason, article 56/1(e) of the NCC sets forth that
“an amount equal
to the benefits the defendant gains as a result of unfair competition
act may be judged as the amount of compensation”
. In such case,
upon the plaintiff’s demand, the court can decide compensation at
an amount of the defendant’s profits.
As indicated above, it is possible to file a compensatory action for
non-pecuniary damages against unfair competition acts. This action could
be filed as per article 58 of the Turkish Code of Obligations.
In these cases, the court may rule for the payment of specific amount
for damages, condemnation of the act and announcement of the decision