SULUK, Cahit İstanbul Barosu, Turkey

KARSILASTIRMALI HUKUK ISIGINDA TÜRK HUKUKUNDA TESCILSIZ SINAI ÜRÜNLERIN HAKSIZ REKABET HÜKÜMLERI ILE KORUNMASI

20674

Turkish intellectual property system was modernised in 1995. As a part of this system, legal regulations specific to intellectual products such as patents, utility models and designs have been made. Legislators protect the intellectual product for a while by granting exclusive rights to the owner of the invention and design. By protecting the intellectual product legislators are aware that the competition in the related product market is restricted for a certain period even eliminated depending on the concrete case. Legislators try to establish a balance between the promotion of inventions and original designs and free competition. In order to establish this balance the fact that the intellectual property protection is provided for a limited time period is a matter of course. At this point the question of under which conditions the unregistered intellectual products will be protected comes to mind. This issue has not been specifically regulated in Turkish legislation; the problem is solved by doctrine or case law. The problem has also raised many discussions in other law systems. In this work a study within a perspective of comparative law has been made. And in order to achieve this, especially the approach adopted by Turkish case law has been criticized and suggestions have been made.

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Turkish Intellectual Property Law , Industrial Product , Comparative Law , Patent , Utility Model , Design , Unfair Competition , Labour Theory , Imitation , Counterfeiting.

Hukuk Araştırmaları Dergisi

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