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UNFAIR COMPETITION

UNFAIR COMPETITION. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes. ozlem@dogerlihukuk.com. Unfair Competition. Regulated Article 54-63 of NTCC. Definition. Article 54/2 of TCC Deceptive attitute/commercial practice OR

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UNFAIR COMPETITION

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  1. UNFAIR COMPETITION Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes ozlem@dogerlihukuk.com

  2. Unfair Competition Regulated Article 54-63 of NTCC

  3. Definition Article 54/2 of TCC • Deceptive attitute/commercial practice OR • attitute/commercial practice contrary to objective good faith BETWEEN • Competitors OR • supplier & customers • are unfair and unlawful • No need “negligence”

  4. Unfair Competition Situations-Examples • Samples can be find in Article 55/1 • The list is not restirictive • Examples: • a) Advertisement & sales methods and other unlawful attitutes contrary to objective good faith • b) To benefit others’ business products without permission • c)To disclose production and business secrets unlawfully • Usage of

  5. Examples • disparagement of a competitor; • To give false information; • To give wrong and deceptive knowledge about himself • To use false title and occupational names • To give rise to confusion • To encourage the assistants to malpractice

  6. Legal Consequences • Legal Responsibility • Declaratory Judgment Action • Case of prevention • Case related to elimination of the material situation derived from the unfair competition • Action for damages(pecuniary/non-pecuniary damages) • Publication of judgment • Period for unfair competition case --- Article 60 of TCC • One year ---- from the date of learning • In any case Three year----- from the date of birth of right

  7. PARTIES OF UNFAIR COMPETITION CASE • Who can bring an action before court ? • The aggrieved person OR • Person who are in the risk of suffering ( owner of the competitor enterprise) • Employees can not bring an action • Partners & merber of the bord of directors can not bring an action in person • Customers who suffered economically due to unfair comptetion • Professional Association& Economic Unity, Institutions that protect Consumers’ Economic Interest, public organisations • Ör. Chamber of Commerce

  8. Liable Person • Person who is liable due to unfair competition • Person who competes in unfair manner • If the unfair competition manner realized by the employees or workers during their work period, the person-(employer) who employed these workers/employees • If the unfair competition realized through press, editor, executive editor, programmer, chief of bill, owner of the enterprise

  9. CRIMINAL LIABILITY • Depending on the complaint of the person who has the right to bring an action--------- punishment • Example: • The person who cheats the employees, representatives or other assistants for the purpose of obtaining confidential information/business secrets • The person who gives wrong or deceptive information concerning personal status, products, commercial activities for the purpose of being prefered • Unless otherwise is required more infamous crime • İmprisonment up to two years and punitive fine • If the unfair competition offence realized by legal person • Punishment----bord members or partners who acts on behaf of the legal person

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