Previously, comparative advertisements were planned to be
permitted in Turkey from 10 January 2016 onward (more information). However, this date has been postponed to 31
December 2016, by a regulation published in Official Gazette number
29573 on 25 December 2015
("Regulation"). Until the end of 2016,
the Regulation on Implementation Fundamentals of Commercial
Advertisement and Announcements will continue to apply, including a
prohibition on using the names of compared goods, services or
trademarks in advertisements.
Once the changes comes into effect at the end of 2016, Article
8(2) of the Regulation on Implementation Fundamentals of Commercial
Advertisement and Announcements will allow 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, comparative advertising:
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.
Please see this link for the Regulation (only available in
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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The High Court held, in The Software Incubator v Computer Associates, that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993.
Hotel proprietors are strictly liable, without proof of negligence, for the loss of property brought to the hotel by their guests, unless they can show that the loss resulted from the guest's own negligence.
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