2016.ANA METIN ingilizce.01

unfair competition reaches beyond national borders

. Within this

scope, Articles 10

bis

and 10

ter

of the Paris Convention for the

Protection of Industrial Property to which Turkey is a party, regulate

international protection. As a result, aside from registered trademarks,

foreign trademarks cannot benefit from the Decree-Law if they are not

registered in Turkey, but are protected with the provisions of unfair

competition.

Unfair Competition Actions

Unfair competition encompasses all types of abuse of competition

by deceptive and dishonest acts. The action of unfair competition aims

to protect the competition environment, not intellectual property. In the

event of unfair competition between merchants, provisions of Article

54 et seq. of the Turkish Commercial Law (“TCL”) are applicable.

Acts of unfair competition are counted analogically under Article 55 of

the TCL

In the event that the trademarks are used contrary to unfair com-

petition provisions, the right-holder who suffers may initiate the action

of declaration, the actio negatoria, action pleading the cessation of

the acts, and/or the action for remedies

. Actions of material and

moral compensation can be initiated pursuant to the Turkish Law on

Obligations, as well.

In the event that a foreign right holder who did not include Turkey

in the registration of his/her trademark with the international trademark

registry system created by the Madrid Protocol, or who did not regis-

ter his/her trademark in Turkey, and learns that his/her trademarks is

being used in Turkey without his/her knowledge, he/she may prevent

this usage by initiating the above-mentioned actions pursuant to the

unfair competition provisions. Within the scope of these actions, the

right-holder may demand precautionary measures that are also set forth

in the Decree-Law. For an actio negatoria, an action pleading the ces-

INTELLECTUAL PROPERTY LAW

335

Reha Poroy, Hamdi Yasaman

, Ticari İşletme Hukuku, İstanbul 2012, p. 305.

For more information:

siz-rekabet-hukumleri/ (accessed on 04.01.2016).

For more information:

siz-rekabet-hukumleri/ (accessed on 04.01.2016).