What Are the Requirements for an Unfair Competition Claim in Turkey?

Unfair competition is a legal concept that provides protection against conduct contrary to the rules of commercial fairness, even where no registered intellectual property right is involved.

Requirements for Unfair Competition

Under Article 54 of Turkish Commercial Code No. 6102 (TTK), for conduct to be considered unfair competition, three elements must be present together: the conduct must be contrary to the rule of good faith (Article 2 of the Turkish Civil Code), it must affect relations between competitors or suppliers and customers, and it must cause harm or create a concrete risk of harm.

Common Forms of Unfair Competition

Under Article 55 of the TTK, denigrating others or their goods, work products, or activities through false, misleading, or unnecessarily offensive statements; using false titles or designations; imitating an unregistered trademark or product packaging in a way that creates a likelihood of confusion; and unlawfully obtaining another party's trade secrets are all listed among the forms of unfair competition.

Types of Action Available

Under Article 56 of the TTK, the harmed party may seek a determination of whether the act constitutes unfair competition, an order stopping the unfair competition, removal of its material consequences, correction of false or misleading statements, and, where necessary, destruction of the relevant equipment and goods. Where fault is present, material and moral damages may also be claimed.

Who May File a Claim?

Anyone whose customers, credit, professional reputation, business activities, or other economic interests are harmed or threatened by unfair competition may bring a claim; chambers of commerce and industry, tradesmen's chambers, and consumer organizations may also bring the actions provided for by law.

Limitation Period

Under Article 60 of the TTK, the limitation period for civil claims based on unfair competition is one year from when the claimant learns of the act and the perpetrator, and in any event three years from the date the act occurred.

The Mandatory Mediation Requirement

For unfair competition claims seeking material or moral damages, applying to a mediator before filing suit is a procedural requirement; however, this requirement does not apply to claims seeking only a determination, an injunction, or removal of the material consequences.

Practical Recommendations

As soon as you notice conduct constituting unfair competition, immediately document the evidence (advertisement, product sample, price quote, correspondence) and consult a lawyer for a legal assessment before the limitation periods run out.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.