Unfair Competition

Istanbul commercial lawyer protecting your business against unfair competition including misleading advertising, trade secret violations, counterfeit products and customer poaching.

Unfair Competition

We protect your commercial activities against unfair competition.

Cases of Unfair Competition

  • Misleading advertising
  • Counterfeit products
  • Trade secret violation
  • Customer poaching
  • Defamation
  • Non-compliance with business conditions

Legal Remedies

  • Unfair competition determination lawsuit
  • Injunction lawsuit (cessation)
  • Material compensation lawsuit
  • Moral compensation lawsuit
  • Criminal complaint

Preventive Measures

You can be protected with non-compete agreements, confidentiality agreements, and trademark registration.

Frequently Asked Questions

What constitutes unfair competition?

Under arts. 54-55 of the Turkish Commercial Code, unfair competition includes advertising contrary to good faith, copying another's work, breach of trade secrets, enticing away employees, and creating confusion with another's mark or trade name. The list is not exhaustive; the test is whether the conduct breaches good faith in the concrete case. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

What claims can be brought in an unfair competition case?

Under art. 56 of the Turkish Commercial Code, claims for declaratory relief, prohibition, restitution, material and moral damages and publication of the judgment are available. Fault is required for damages but not for declaratory or prohibition claims. Interim measures are also available to obtain provisional protection. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • TTK m.54-55
  • TTK m.56

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