Competition is a constitutional right. However, to assert the
deceptive and dishonest acts among people, competitors, clients and
seller, as a right, and to protect these acts, is impossible.
Unfortunately, at the present time, trademarks, which are the most
important factors in competition, are being used to provide unjust
gains. In this article, protection of trademarks under unfair
competition provisions and the unfair competition actions will be
addressed.
The Protection of Registered and Unregistered Trademarks
As it is emphasized in our previous article1,
trademarks are protected under Decree-Law on the Protection of
Trademarks numbered 556 ("Decree-Law") in the Turkish
legal system. However, protection is not limited with this. In
accordance with the established case law2, actions that
are derived from the Decree- Law, and actions of unfair
competition, can be initiated at the same time. However, in this
event, the Court shall separately examine whether or
