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Turkish Commercial Code (Law No. 6762 of July 2, 1956) (Extract)
Superseded Text
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Year of Version
1956
Dates
Entry into force:
January 1, 1957
Adopted:
June 29, 1956
Type of Text
IP-related Laws
Subject Matter
Trademarks,
Trade Names,
Competition,
Undisclosed Information (Trade Secrets),
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws
Notes
The notification by Turkey to the WTO under article 63.2 of TRIPS states:
'The unfair competition rules laid down in Articles 56 to 65 of the Code provide general means for the protection of intellectual property.
Article 56 states that unfair competition is the abuse of economic competition in any manner incompatible with good faith.
Article 57 provides the examples of acts incompatible with good faith, in a non-exhaustive manner.
Articles 58-63 provide civil remedies such as prevention of infringement, compensation for damages.
Articles 64 and 65 provides criminal remedies including imprisonment and/or fine.
The protection of undisclosed information is provided through the unfair competition provisions of the Code. Article 57(7-8) describes the acts incompatible with good faith and which constitute unfair competition. Among those:
- deducing the employees, agents or other assistants and getting them to divulge or obtain the trading and manufacturing secrets of their employer or of his agents;
- taking an illicit advantage from trading or manufacturing secrets obtained or learnt incompatible with good faith or divulging them to others are acts that constitute unfair competition.
Available Texts
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Main text(s)
Turkish
Türk Ticaret Kanunu
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English
Turkish Commercial Code (Law No. 6762 of July 2, 1956) (Extract)
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WTO Document Reference
IP/N/TUR/2 page 21
WIPO Lex No.
TR021