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ARTICLE · 01 SEPTEMBER 1997

Novell Distributor Sues Turkish Parallel Importer Of Software

Mehmet Gun & Co
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TurkeyEnvironment
Novell's Turkish distributor, Armada, sued a Turkish Parallel Importer for parallel import, copyright violation and unfair competition. The Turkish parallel importer had offered Novell products, which were imported into Turkey from unknown sources. The parallel import also involved unauthorised use of the Novell trade name and trademarks creating a link to Novell which does not exist.

The Parallel Importer defends his position by claiming that the domestic exhaustion of copyright extends to imports into Turkey. This argument is based on the Article 23/2 of the Copyright Law which states " resale or distribution of software products following exhaustion of the copyright, does not breach the copyrights of the Owner." On the other hand the Article 23/1 states that "in the event of the works produced abroad are brought in Turkey, the right to distribute and to benefit lies with the Owner".

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