Supreme Court 11. law office
Part Number: 2015/12923
Decision Number: 2017/2724
“text of jurisprudence”
COURT : … … 1. INTELLECTUAL AND INDUSTRIAL RIGHTS
In the case between the parties … Dec 1. Since the decision No. 07/07/2015 and No. 2010/170-2015/143 issued by the Civil Court of Intellectual and Industrial Rights was requested by the deputy plaintiff to be examined by the Supreme Court and it was understood that the appeal was granted within the period of the petition, the amount of the lawsuit is below TL 21.242, temporary 3/2 of the Law No. 6100. 438 as amended by Law No. 3156 of the HUMK, which must be applied in accordance with Article 3156. hearing to review the denial of the request in accordance decided to be held on file for audit by the judge to file a lawsuit after a report of a rested, and again within the file petitions, pleadings, and trial proceedings and all documents are read and analyzed, after the nature of the business is discussed, considered:
The plaintiff’s Attorney, his client …, what you did … it’s like holding the case against the attorney in this case for more than 5 years more than 50 companies in conducting official information and documentation in relation to the institutions by requesting to follow up by reviewing the criminal case criminal case files and in foreign countries that is getting a lot of information which are difficult to reach,…’, International Master’s degree in the field of Company Law and the folder with hundreds of clients who have finished a PhD in the same subject that finds information that is classified, we have outlined the, footnotes, including preparing legal briefs, which are of scientific value for every company that operates in this manner, with any information we obtain in this way their updates petition, thus the result of detailed study in the field of Company Law and Capital Market Law and legal briefs appeared in excess of 30 pages, and the defendant’s petition by copying them verbatim almost the client used in your own lawsuit, references, quotations, and even the village of the same parts that are specified by the petition is in the nature of the work, my client without the permission and knowledge by the defendant of the violation of the rights arising from the use fsek plagiarism plagiarism is not complete and the part of the defendant, citing works by using the client provided an unfair advantage, and the new injunction obtained ihtiyadi rape prevention Rape Elimination sonrasinde with the cessation of the present without prejudice to the rights and all the results on the surplus, FSEK 68/1 m.according to him, 5,190.00 TL of financial compensation, which is 3 times more than 1,730.00 TL in accordance with the Bar Fee Tariff, 3,000.00 TL of moral compensation per client in accordance with FSEK 70/2, 70/3 m for unauthorized use of the petition, including separately for each case and response petition. as a matter of necessity, he demanded and sued that all the defendant’s profits and the entire attorney’s fee be paid to his client and the announcement of the verdict be made.
The defendant’s deputy stated that the petition would not be considered a work as the plaintiff claimed, that the plaintiff did not own the work, even if it was considered a work, that the related cases were known cases to everyone, established by the Solidarity Association and Av. … that he was in charge of, and that his law firm was handling these cases, the plaintiff and his client were hunting. … met and there was an offer to them for the execution of these cases in Turkey, the plaintiff is not satisfied with the services provided to the association and its members stay on … that was given to the attorney-client, and the documentation supplied by the association and the petition was arguing that his client did not have any action that constitutes rape or unfairly, has asked for a dismissal.
The court’s claim, defense, evidence, expert reports, and all file according to the scope, the owners of very exceptional as well as personal interpretation and research of the petition as protected in the nature of the work may be used for this information to be defended by a lawyer for the first time the public domain does not enter into an intellectual should demonstrate creativity, the inclusion of the petition and artistic works and scientific works in the category of low level expression could be insufficient in quality of information will include, ordinary, special and not to be required, provided that there is a certain level of creativity, of the petition of the plaintiff in a particular order systematically the relevant provisions, judicial decisions and doctrine because of the importance of the subject, often prepared with reference to the report where the CMB, where the petition is created in a certain fiction this fiction will lead to the conclusion that victimization and demand by the client within the framework of the events described in the petition related to the part of the evidence to prove these facts with the facts that he was referring, from this perspective, the obligation is fulfilled concretization HMK projected in each petition was being prepared during the period, while the burden of the petition is not in force in the concretization HMK article that should be fulfilled when the application was accepted, concretization, which are elements that must be included in the petition along with the burden of the legal grounds, so was not included in the petition, the party is the plaintiff, although there are aspects that should be included in the petition in accordance with the law, originality, and come to the forefront in terms of reflecting the characteristics of the owner were found more items that may not doctrinal reference in the petition if it is used several times, where it is generally accepted law financial law, with the articles of the petition of reviews being added to with a brief statement given, as the case often used in practice where it is made in the text, therefore, as the work of the petition for adoption is required to be defended for the first time, go into the public domain, the idea of creativity and reveal the conditions did not have, since the original of the petition is required to be at a certain level do not perform the work that must be carrying if the trait does not enjoy nature, and is assessed as relating to unfair competition, if specified in the content of the petition, and the sameness of religions that are detected in the CMB and the supply of parts is a quote from the article of the law of the information society in the pool is not present, the members of the Association of the aforementioned Association due to his inability to deal with the plaintiff by the defendant on the grounds that he was appointed as the trustee of reported, it has been decided to dismiss the case.
The decision was appealed by the acting plaintiff.
According to the information and documents contained in the case file, there are no procedural and legal aspects in discussing and evaluating the evidence based on the justification for the court’s decision, all appeals by the plaintiff’s attorney are out of place.
CONCLUSION: For the reasons described above, it was decided unanimously on 09.05.2017 to approve the provision found in accordance with the procedure and the law by rejecting all appeals of the plaintiff’s deputy, to remove the balance of 3.70 TL from the appellant, written below, from the appellant.
