Turkish Supreme Court Rules On Evidence Determination Procedure

The 4th Civil Chamber of the Turkish Supreme Court recently considered a case where the plaintiff claimed an unjust evidence determination had violated its personal rights and damaged his commercial standing. The court held the procedure was justified since it was conducted on the basis of a court decision, no objection had been raised during the determination, and unlawful use of the software by other companies justified the defendant's request regarding the plaintiff's specific workplace.

At the Court of First Instance, the plaintiff sought immaterial damages. It claimed an evidence determination procedure, conducted by an expert witness, had found no unlicensed software on his computers. The procedure was conducted without the defendant submitting any documents or evidence to support its claims about the plaintiff's specific use of counterfeit software. The plaintiff argued that this constituted an abuse of the right to legal remedies and the procedure violated