From 10 January 2016 onward, comparative advertisements will be
allowed in Turkey. Provided certain conditions are met,
advertisements will be allowed to include competitors' titles,
trademarks, logos or other distinguishing marks or phrases, as well
as commercial names and company names.
Consumer Protection Law Number 6502
("Law") entered into force on 28 May
2014. The Law states that "One can make comparative
advertisement by using competitor's goods and services that
meet the same needs or same purposes" (Article 16(5)).
The Regulation on Commercial Advertisement and Unfair Commercial
Practices ("Regulation") was published
on 10 January 2015, introducing more detail for comparative
advertisement provisions. These provisions will enter into force on
1 January 2016.
From 10 January 2016 onward, Article 8(2) of Regulation will
apply, enabling advertisements to include
"competitors' title, trademark, logo or other
distinguishing marks or phrases and commercial names and company
names", provided they meet certain requirements.
Accordingly, Article 8(1) of the Regulation states that
Must not be false or misleading.
Must not cause unfair
Must involve goods and services which
have a similar nature and meet the same needs or demands.
Must compare aspects of goods and
services which are beneficial to consumers.
Must objectively compare goods and
services on at least one point which is substantive, essential, and
certifiable. Comparisons can also be made about characteristic
features and prices.
If a claim is based on objective,
measurable and numeric data, this should be proved by scientific
tests, reports or documents.
Must not denigrate or discredit
competitors' intellectual and industrial property rights,
company names, other distinguishing marks, goods, services,
operations or other features.
Until 10 January 2016, the Regulation on Implementation
Fundamentals of Commercial Advertisement and Announcements will
continue to apply (Temporary Article 1(3) of the Law), including
the prohibition on use of "names of compared goods,
services or trademarks" in comparative advertisements
Please see this link for full text of the Regulation (only
available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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