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- Title
TESCİLSİZ TASARIMLAR ARTIK HAKSIZ REKABET HÜKÜMLERİYLE KORUNMAYACAK MI? -BİR YARGITAY KARARININ DÜŞÜNDÜRDÜKLERİ-.
- Authors
ŞEHİRALİ ÇELİK, Feyzan Hayal
- Abstract
The Turkish Industrial Property Code Nr. 6769 (IPC) has introduced the right of unregistered design. This new right, which is in particular of importance for the protection of products having a short market life without the burden of registration formalities, has raised the discussion on the relationship between intellectual property law and unfair competition law to a new level. In its first judgement after the enactment of the IPC, the Court of Cassation evaluated the criteria for the applicability of unfair competition provisions on the protection of unregistered designs. Regarding this highly controversial issue, the Court of Cassation has, with reference to its previous decisions, once again expressed its intention to apply the provisions of the unfair competition rules narrowly. However, in this most recent judgement, a more restrictive approach has been adopted owing to the high level cumulative criteria, which will almost bring an end to the protection of unregistered designs under unfair competition law. The criteria of design law and unfair competition law, each representing different protection systems with different goals, can hardly be combined together as provided for in the Judgement. Furthermore, it is unlikely to expect a high potential from these criteria to bring adequate solutions for a wide range of cases, each with different scenarios.
- Subjects
UNFAIR competition; INTELLECTUAL property; INDUSTRIAL property; DESIGN protection; INTENTION
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2021, Vol 37, Issue 4, p27
- ISSN
1300-1396
- Publication type
Article