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ARTICLE · 24 NOVEMBER 2021

Marka Hukukunda İtibar Tazminati

NAZALI Attorney Partnership
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En basit tanımı ile marka, bir işletmenin ürün/mal ve hizmetlerini diğer işletmelerin ürün/mal ve hizmetlerinden ayırmaya yarayan her nevi isim veya işaretlerdir.

TurkeyIntellectual Property
Süreyya Korkmaz
Süreyya Korkmaz
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ÖZET

Marka hakkına tecavüz fiilleriyle hak sahibinin maddi ve manevi bütünlüğünün yanında doğrudan  markanın itibarında da zarar ortaya çıkabileceğini öngören kanun koyucu, maddi ve manevi tazminat talepleri ile birlikte veya onlardan ayrı şekilde istenebilecek itibar kaybı tazminatını açıkça hükme bağlamıştır. Markanın itibarı ile kastedilen, markanın tüketiciler nezdinde oluşturduğu saygınlık, güven duygusu ve  müşterilerin markaya olan rağbetidir. İtibar kaybı tazminatıyla marka imajında ortaya çıkan eksilmenin  telâfi edilmesi amaçlanır. İtibar kaybı tazminatına hükmedilmesinde, tazminatın hukuki niteliği, şartları ve  hesaplanması konuları büyük öneme sahiptir.

Anahtar Kelimeler: Marka, Marka Hakkı,  SMK, İtibar Tazminatı.

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