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Territory Principle, Protection According to Unfair Competition Rules

"...In accordance with the territory principle stipulated in Articles 1/2, 5, and 25 of the Decree Law numbered 551 and Articles 2 and 4 of the Decree Law numbered 554, the said Decree Laws may grant protection only to patents and designs that are registered in Turkey. Patents and designs not registered in Turkey may only be protected in accordance with general principles.

In the subject case, even though the plaintiff-co-defendant acknowledged that he does not have any registered patent or design, did not bring any claim according to the said Decree Laws, and requested protection in accordance with the unfair competition rules of the Turkish Commercial Code, the Court should have determined the merits of the case and concluded the case accordingly. Therefore, it was found inaccurate that the Court ruled as it did because the Decree Laws numbered 551 and 554 may not be applied to the case." (11th Unit of Court of Appeal, 2008/5425, 2008/14187, D. 17.12.2008)

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