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.

Unfair Competition

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