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sation of the acts, and/or an action for remedies, negligence is not
sought, where it is sought for the actions of compensation.
In addition, in the event that both actions as derived from the
Decree-Law and unfair competition are initiated at the same time, only
one form of compensation can be requested, since the compensation
should not be deemed as a vehicle for enrichment
6
.
Apart from the other civil actions, the final decisions of these
actions are enforceable towards the persons who provided the goods
subject to unfair competition, directly or indirectly, excluding the
acquirer for personal use.
We would like to underline that the provisions of unfair competi-
tion are applicable to company names, business products that are not
registered, or trademarks, which are no longer under the protection of
the Decree-Law.
Prescription
Unfair competition actions are time-barred within one year after
the knowledge of the abuse by the right-holder, and three years under
any circumstances. The prescription does not start in the event of an
ongoing unfair act. Therefore, the right-holder, whose right was time-
barred pursuant to the Decree-Law may request to remove the injustice
in accordance with the provisions of unfair competition. However, in
the event that the right holder keeps silent for a lengthy period of time,
and does not initiate an action of unfair competition, pursuant to the
principle of loss of right caused by remaining silent, even though the
unfair act continues, the right can be time barred
7
.
Penal Liability
Apart from above-mentioned regulations, upon the complaint of
the persons who have right to initiate an action of unfair competition,
persons who perform one of the acts listed under Article 62 of the TCL
will be imposed a fine of imprisonment or monetary fine up to 2 years.
336
NEWSLETTER 2015
6
Reha Poroy, Hamdi Yasaman
, Ticari İşletme Hukuku, İstanbul 2012, p. 307.
7
Decision of the Assembly of Civil Chambers of the Court of Cassation, dated 04.05.2011 and
numbered 2011/11-59 E., 2011/271 K. may be given as example in the relevant matter.