In our client alert of October 2015, we announced upcoming
reforms that would have, for the first time in Turkey, allowed
advertisers to suggest the superiority of their products and
services using direct references to a competitor's trademark or
name beginning from January 10, 2016. However, in the Regulation on
the Amendment of the Regulation on Commercial Advertisements and
Unfair Commercial Practices published on December 25, 2015, the
government announced that it has postponed the effective date until
December 31, 2016. This postponement is in response to concerns
that more detailed guidelines are needed for comparative
Comparative advertising is already permitted in Turkey under the
Consumer Protection Law and Regulation on Commercial Advertisements
and Unfair Commercial Practices, but direct references to
competitors in comparative advertising has been prohibited. On
December 31, 2016, however, Article 8/2 of the regulation will
enter into effect, eliminating the prohibition and permitting the
use of competitors' names and trademarks.
Comparative advertising is a new concept in Turkey; its use will
increase after December 31, 2016, when the use of competitor names
and trademarks is finally permitted. Unfortunately, advertisers
expecting to use their competitor's name or trademark in
advertisements after January 2016 will have to wait until the end
of the year.
For further explanation on comparative advertising, please refer
to our client alert of October 2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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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.
Managing hotels and associated leisure facilities will inevitably give rise to a wide range of complex commercial and legal issues.
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