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UNFAIR COMPETITION. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes. ozlem@dogerlihukuk.com. Unfair Competition. Regulated Article 54-63 of NTCC. Definition. Article 54/2 of NTCC Deceptive attitute/commercial practice OR

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unfair competition

UNFAIR COMPETITION

Dr. Özlem Döğerlioğlu IŞIKSUNGUR

Yaşar Üniversitesi

Lecture Notes

ozlem@dogerlihukuk.com

unfair competition2
Unfair Competition

Regulated Article 54-63 of NTCC

definition
Definition

Article 54/2 of NTCC

  • Deceptive attitute/commercial practice OR
  • attitute/commercial practice contrary to objective good faith

BETWEEN

  • Competitors AND
  • supplier & customers
              • are unfair and unlawful
  • No need “negligence”
unfair competition situations examples
Unfair Competition Situations-Examples
  • Samples can be find in Article 55/1
  • The list is not restirictive
  • Examples:
  • a) Advertisement & sales methods and other unlawful attitutes contrary to objective good faith
  • b) To benefit others’ business products without permission
  • c)To disclose production and business secrets unlawfully
legal consequences
Legal Consequences
  • Legal Responsibility
    • Declaratory Judgment Action
    • Case of prevention
    • Case related to elimination of the material situation derived from the unfair competition
    • Action for damages(pecuniary/non-pecuniary damages)
    • Publication of judgment
  • Period for unfair competition case --- Article 60 of NTCC
    • One year ---- from the date of learning
    • In any case Three year----- from the date of birth of right
parties of unfair competition case
PARTIES OF UNFAIR COMPETITION CASE
  • Who can bring an action before court ?
    • The aggrieved person OR
    • Person who are in the risk of suffering ( owner of the competitor enterprise)
      • Employees can not bring an action
      • Partners & merber of the bord of directors can not bring an action in person
    • Customers who suffered economically due to unfair comptetion
    • Professional Association& Economic Unity, Institutions that protect Consumers’ Economic Interest, public organisations
      • Ör. Chamber of Commerce
liable person
Liable Person
  • Person who is liable due to unfair competition
    • Person who compete in unfair manner
    • If the unfair competition manner realized by the employees or workers during their work period, the person-employer who employed these workers/employees
    • If the unfair competition realized through press, editor, executive editor, programmer, chief of bill, owner of the enterprise
criminal liability
CRIMINAL LIABILITY
  • Article 62 of NTCC