Türk Ticaret Kanununda haksız rekabet suçları
Özet
Unfair competition crimes are regulated in Article 64 of the Turkish Commercial Code. These crimes can be committed not only by merchants, but also ordinary persons, although these crimes are regulated by Commercial Code. These crimes can be committed only wilfully. The imprudent types of these crimes are not regulated in the Code. Nevertheless, there some exceptional cases which can be accepted as objective responsibility. Unfair competition crimes are committed only by a conduct. In order the crime to be completed, it is not necessary to cause damage. Attempt is possible in such case in which the conduct can be divided.The investigation and prosecution of unfair competition crimes is principally subjected to complaint. However, the crime set forth in the Article 66/ last sub-clause is prosecuted ex-officio. Term for complaint is six months. Those natural and legal persons that are entitled to bring a civil action pursuant to Article 58 of Turkish Commercial Code are also entitled to make a complaint.In the Code, both fine and penalty of imprisonment are prescribed for unfair competition crimes. Judge may adjudicate only one of these penalties or both. Legal entities are liable for fine and other charges in solido with natural persons, if unfair competition conduct is committed during operation of any works of that legal entity.