HUK 502 Unfair Competition LawMEF UniversityDegree Programs Private Law (YL) (Non-Thesis)General Information For StudentsDiploma SupplementErasmus Policy Statement
Private Law (YL) (Non-Thesis)
Master Length of the Programme: 1.5 Number of Credits: 90 TR-NQF-HE: Level 7 QF-EHEA: Second Cycle EQF: Level 7

ECTS Course Information Package

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
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 140 hours per semester
Number of Credits 6 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Co-requisites None
Expected Prior Knowledge 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 Learning Outcomes and Competences

Upon 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.

Relation to Program Outcomes and Competences

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

Course Contents

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 ReadingsOptional 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 MethodsPursuant 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
Assessment Tools Count Weight
Homework Assignments 1 % 40
Presentation 1 % 20
Final Examination 1 % 40
TOTAL % 100
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.

ECTS Student Workload Estimation

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