| School/Faculty/Institute | Graduate School | ||||||
| Course Code | HUK 502 | ||||||
| Course Title in English | Unfair Competition Law | ||||||
| Course Title in Turkish | Haksız Rekabet Hukuku | ||||||
| Language of Instruction | TR | ||||||
| Type of Course | Flipped Classroom,Lecture | ||||||
| Level of Course | Advanced | ||||||
| Semester | Fall | ||||||
| Contact Hours per Week |
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| Estimated Student Workload | 140 hours per semester | ||||||
| Number of Credits | 6 ECTS | ||||||
| Grading Mode | Standard Letter Grade | ||||||
| Pre-requisites | None | ||||||
| Expected Prior Knowledge | None | ||||||
| Co-requisites | None | ||||||
| Registration Restrictions | Only masters students | ||||||
| Overall Educational Objective | Learning the legal framework of and case law about unfair competition law. | ||||||
| Course Description | In this course, the concept of unfair competition is defined in light of Court of Cassation judgements, examples of unfair competition are identifıed, and legal claims resulting from cases of unfair competition are explored. | ||||||
| Course Description in Turkish | Derste özellikle Yargıtay kararları ışığında, haksız rekabet kavramının tanımı yapılacaktır; haksız rekabet hallerinin neler olduğu tespit edilecektir; haksız rekabetin gerçekleşmesi durumunda ileri sürülebilecek hukuki talepler tespit edilecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Recognises the purpose of unfair competition law. 2) Knows the definition of the concept of unfair competition. 3) Understands all types of act that constitute unfair competition and are listed in the law. 4) Understands which lawsuits can be filed in case of unfair competition and by whom. 5) Knows the precautionary measures that are provided by law that can be requested in case of unfair competition. 6) Knows the concept of statute of limitations and what kind thereof is applicable in a given case. 7) Knows and is able to discuss the case law of the Court of Cassation regarding unfair competition law. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
|---|---|---|---|---|---|---|---|
| 1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | |||||||
| 2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | |||||||
| 3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | |||||||
| 4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | |||||||
| 5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | |||||||
| 6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | |||||||
| 7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | N | |
| 2) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | H | Exam,HW,Presentation |
| 3) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | H | Exam,HW,Presentation |
| 4) | Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | H | Exam,HW,Presentation |
| 5) | Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | N | |
| 6) | Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | N | |
| 7) | Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. | S | Presentation |
| Prepared by and Date | FÜSUN NOMER ERTAN , January 2024 |
| Course Coordinator | AKTS1 |
| Semester | Fall |
| Name of Instructor | Prof. Dr. FÜSUN NOMER ERTAN |
| Week | Subject |
| 1) | OPENING LECTURE - Introduction of Unfair Competition (=UC) law |
| 2) | Purpose of UC provisions; General principle (definition); Overview of cases of UC |
| 3) | Cases of unfair competition: Advancing Oneself or a Third Party in Competition by False and/or Misleading Statements; Presenting oneself to be of Superior Qualifications; Misleading by Concealment |
| 4) | Cases of unfair competition: Imitation |
| 5) | Cases of unfair competition: Making Comparisons |
| 6) | Cases of unfair competition: Sales below the supply price; Misleading regarding the true value of the offer by means of additional considerations; Using offensive sales methods |
| 7) | Cases of Unfair Competition: Making Incomplete Disclosures in Public Announcements; Using Contract Formulas Containing Incomplete or False Information; Inducing Breach of Contract; Inducing Termination of Contract |
| 8) | Cases of Unfair Competition: Providing or Offering Benefits to Third Party Auxiliaries; Inducing Third Party Auxiliaries to Disclose or Obtain Production and Business Secrets; Unauthorised Exploitation of the Work Products of Others; Unlawful Disclosure of Production or Business Secrets |
| 9) | Cases of Unfair Competition: Failure to comply with the Terms of Business |
| 10) | Cases of Unfair Competition: Using General Terms and Conditions Contrary to the Principle of Good Faith |
| 11) | Lawsuits: Declaratory Action, Action for Prevention of Infringement, Action fot Restitution, Action for Pecuniary and Non-Pecuniary Damages |
| 12) | Regarding the lawsuits: Parties to the lawsuit, Jurisdiction of Courts; Announcement of the Court Decision; Execution of the Court Decision on Third Parties |
| 13) | Regarding the lawsuits: Statute of Limitations; Provisional Injunctions |
| 14) | Private International Law (Article 37 of the Code on International Private and Civil Procedure Law) |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | Optional books: Füsun Nomer Ertan, Haksız Rekabet Hukuku, OnikiLevha Yayıncılık, İstanbul, 2016, Serhan Dinç, Türk Ticaret Kanununa Göre Haksız Rekabet Halleri ve Buna İlişkin Davalar, Seçkin Yayınevi, Ankara 2017 Ayhan Bakır, Türk Haksız Rekabet Hukukunda Dürüstlük Kuralına Aykırı Genel İşlem Şartı Kullanımı ve Yaptırımı, Yetkin Yayınevi, 2017 İlhami Güneş, Uygulamada Fikri ve Sınai Mülkiyet Hakları Haksız Rekabet Davaları, Seçkin Yayınevi, Ankara – 2017 Güzide Soydemir, İnternette Haksız Rekabetin Önlenmesi, Seçkin Yayınevi, Ankara - 2015 Remzi Tamer Pekdinçer, Haksız Rekabet ve Marka Hukukuna İlişkin Bilirkişi Raporları ve Mütalaalar - Yüksek Mahkeme Kararları ile Birlikte, Onikilevha Yayıncılık, İstanbul 2015 Sinan Sarıkaya, Haksız Rekabet Hukukunda Sözleşmeyi İhlale ve Sona Erdirmeye Yöneltme, Seçkin Yayınevi, Ankara - 2015 | |||||||||||||||
| Teaching Methods | Pursuant to the guidance of the lecturer, his/her necessary explanations and information about the course, student participation is ensured. The course is taught within the framework of seminar assignments and presentations prepared by the students. Court of Cassation decisions are provided by the students and discussed during classes. | |||||||||||||||
| Homework and Projects | ||||||||||||||||
| Laboratory Work | ||||||||||||||||
| Computer Use | ||||||||||||||||
| Other Activities | ||||||||||||||||
| Assessment Methods |
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| Course Administration |
fnomer@istanbul.edu.tr Derse devam zorunludur. Seminer ödevi hazırlanması ve sunum yapılması zorunludur. Final sınavına giremeyen veya geçerli not alamayan öğrenciye ek final hakkı tanınır. Attendance is compulsory. Preparation of a seminar paper and its presentation is compulsory. Students who fail to take the final exam or fail it are given a make-up exam. |
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| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 3 | 2 | 2 | 98 | ||
| Presentations / Seminar | 1 | 8 | 1 | 9 | |||
| Homework Assignments | 1 | 15 | 1 | 1 | 17 | ||
| Final Examination | 1 | 15 | 1 | 16 | |||
| Total Workload | 140 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||