Unfair Competition Claim Belongs in Commercial Court, Not IP Court — Ankara 1st IP Court 2025/119

The jurisdiction of Turkish IP courts is defined by statute and is not unlimited. Even where a dispute involves unfair competition, the IP court (FİSHHM) lacks jurisdiction unless the claim is grounded in an industrial property right — a trademark, patent, design or similar right under the Industrial Property Law. Ankara 1st IP Court's decision 2025/119 draws this boundary clearly.

Background

The plaintiff alleged that a telecom operator had used without authorisation a proprietary business method — an SMS notification and two-way SMS cooperation protocol — in which the plaintiff claimed ownership. The action, filed before the IP court, sought TRY 100,000 in material damages and TRY 20,000 in moral damages under the unfair competition provisions of the Turkish Commercial Code (TCC Art. 54 et seq.).

Critically, the plaintiff made no claim based on any right under the Industrial Property Law No. 6769. No trademark, patent, or design right was invoked.

Court's Reasoning

After reviewing the claim, the court found that the dispute did not concern the existence or infringement of an industrial property right. The action rested solely on TCC Art. 54 — deceptive or dishonest commercial practices and misappropriation of a trade secret. Such disputes fall within the exclusive jurisdiction of the Commercial Court.

The court also noted the procedural history: the case had previously been filed in another court, which had also declined jurisdiction and whose decision had become final. Since both courts had now issued conflicting jurisdictional refusals, the court ordered the file to be sent to the Regional Court of Appeal for designation of the competent court.

Ruling

The court declined jurisdiction and found that the case belonged in the Commercial Court. Given the conflict between two courts' refusals, the file was referred to the Court of Appeal for merci designation.

Takeaway

Not every dispute with an unfair competition flavour belongs before an IP court. For the IP court to have jurisdiction, the claim must be grounded — at least in part — in an industrial property right. Purely TCC-based unfair competition claims go to the Commercial Court. Filing in the wrong court, particularly when both courts then decline, creates serious procedural gridlock.