Possibility of confusion and unfair competition relationship in trademark law

With the entry into force of the Industrial Property Law No. 6769, trademarks, patents, designs, geographical indications and traditional product names that were protected by the Decree Laws were taken under protection under a single roof. Although it is largely similar to the repealed Decree Law No. 556, many new regulations were introduced with the Industrial Property Law, from the definition of the trademark to the scope of protection of the trademark. Although trademarks are primarily protected by the Industrial Property Law, it is also possible for trademarks to be protected by unfair competition provisions within the scope of the Turkish Commercial Code No. 6102. However, discussions continue in the doctrine and judicial decisions regarding the conditions sought for trademarks to be protected by unfair competition provisions. In this study, the cumulative protection of the unfair competition provisions in the Industrial Property Law and the Turkish Commercial Code in the event of confusion of trademarks will be discussed. For this purpose, a general framework will be drawn in the first section in terms of the subject, purpose and regulations of industrial property rights and unfair competition law. Thus, the purpose and scope of the current regulations will be determined. In the second section, the protection conditions, functions and scope of protection of the trademark will be discussed. In the third section, the purpose of unfair competition, the elements necessary for the existence of unfair competition and the scope of protection will be discussed. In the fourth section, the possibility of confusion of trademarks, the cumulative application of the provisions of the Industrial Property Law and the Turkish Commercial Code will be examined in the light of current judicial decisions.