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ARTICLE · 26 MARCH 2012

New Commercial Code In Turkey

Moroglu Arseven
Moroglu Arseven
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The Grand National Assembly of Turkey enacted the draft Commercial Code on January 12, 2011.

TurkeyAntitrust/Competition Law
Işık Özdoğan, LL.M.
Işık Özdoğan, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
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The Grand National Assembly of Turkey enacted the draft Commercial Code on January 12, 2011. The New Turkish Commercial Code (TCC) will enter into force on July 12, 2012, and outlines possible commercial proceedings and actions in 1,535 articles.

The TCC creates new arrangements regarding commercial enterprises and equity corporations, and also amends the unfair competition provisions to protect consumers as well as commercial establishments. On the other hand, the TCC brings brand new arrangements for online transactions and the Internet in general.

In other countries, unregistered trademarks, patents, industrial designs and trade secrets are protected by unfair competition provisions. The new unfair competition provisions in the TCC do not amend the description of unfair competition, but expand its scope. According to the current Turkish Commercial Code, there must be an abuse of economic competition for an action to be considered unfair competition. However,

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