Using Unfair Competition Provisions To Protect Intellectual Property Rights In Turkey

Using Unfair Competition Provisions To Protect Intellectual Property Rights In Turkey

There comes a point where trademark registration is not enough to protect a company's intellectual property rights from infringement. In these circumstances, the unfair competition rules under the Turkish Commercial Code (TCC) become relevant. Businesses have come to view these provisions as highly important in protecting intellectual property rights. This article considers how the Turkish courts have applied the unfair competition provisions of the TCC to trademarks and designs.

As everyone knows, best-selling products sold under well-known trademarks are targets for infringers. Clever infringers seem to constantly find confusing loopholes to exploit and thereby skirt around the scope of protections provided by trademark registration. In cases where the infringer does not use a company's trademark and the company does not have any design registration for the package, businesses