Özet:

The Action for Cessation of Infringement in the Context of Intellectual and Artistic Works and the Issue of Treble DamagesT he Act on Intellectual and Artistic Works no: 5846 grants right holders the right to bring an action for cessation of infringement in case of violation of their economic and/or moral rights, as well as the right to claim three times the amount of contractual value or market value of the infringed work from the defendant. Although it is debateable whether this amount is “exactly three times” or “up to three times” the contractual or market value, it has been argued that seeking treble damages aims to deter infringements of intellectual property rights. A similar provision can also be found in the Act on the Protection of Competition no: 4054 in the context of private action for damages for infringement of competition rules. This article analyses the legal remedy of action for cessation of infringement, as well as the right to seek treble damages in the light of the judgments of the Court of Appeals and the conflicting views in the literature. It argues that while seeking treble damages serves to effectively protect intellectual property rights, the relevant provisions of both the Act on Intellectual and Artistic Works and the Act on the Protection of Competition should be amended as “up to three times” and the judge should enjoy discretion in this regard

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