Online Enforcement in Türkiye: Addressing IP Infringements in the Digital Era
In cases of online infringement of industrial property rights, various actions can be pursued, including civil actions, criminal actions, preliminary injunctions, and notice-and-takedown procedures. Possible ways of enforcement against online infringement is shown below:
The legal basis of trademark infringement is regulated under Articles 7 and 29 of the Intellectual Property Code (IP Code). Article 29 of the IP Code states that imitating a trademark or using a mark that is indistinguishably similar—through actions like selling, distributing, importing, or offering products—constitutes trademark infringement. Article 7 of the IP Code gives registered trademark owners the right to block the unauthorised use of identical or similar marks, including online use. This also applies to cases where the trademark is used in domain names, redirect codes, or keywords that could lead to confusion. In such cases, legal action can be taken to determine if there is an infringement, to cease it, and to seek both material and non-material compensation.
If the conditions are met, a request for a preliminary injunction (PI) can be filed either as a standalone application or as part of the main court action. If a PI is granted the courts may temporarily block access to the relevant websites within Türkiye. These decisions are geographically limited and do not prevent the infringing content from being accessible in other countries.
In the case of trademark infringement, a criminal complaint can also be filed pursuant to Article 30 of the IP Code. This article stipulates that individuals who engage in trademark infringement (such as by imitating a trademark or causing confusion through the production, sale, import, or transport of infringing goods) may face imprisonment for one to three years and a judicial fine of up to twenty thousand days.
Regarding notice-and-takedown, intermediary service providers and platforms are not liable for illegal content posted by users as per the general principle[1]. However, they may be held accountable if they fail to remove such content after receiving proper notice from the rights holder. A specific provision under E-Commerce Law No. 6563 which states that platforms are required to remove the content within 48 hours of receiving a complaint accompanied by evidence of the related intellectual property violation. Failure to remove the content or republishing it after it is has legally proven to be an infringement may result in an administrative fine for the platform. In 2023, an annulment application was filed to challenge the notice-and-takedown related provisions of E-Commerce Law before the Council of State and the Constitutional Court. The Council of State has suspended key provisions of the regulation, including those related to notice-and-takedown procedures. While the annulment cases are still pending and no final decision has been made, the relevant provisions of the E-Commerce Law remain in effect. However, enforcement of these provisions under the E-Commerce Regulation has been suspended.
In conclusion, Türkiye’s legal framework provides robust mechanisms for addressing online intellectual property infringements, encompassing civil, criminal, and administrative remedies. The interplay between the Intellectual Property Code and E-Commerce Law offers trademark owners diverse tools to combat unauthorised use, from notice-and-takedown procedures to preliminary injunctions. However, ongoing legal challenges and suspended provisions highlight the dynamic and evolving nature of this regulatory landscape. As Türkiye continues to adapt to the complexities of the digital era, balancing enforcement with innovation and access will remain crucial for protecting industrial property rights effectively.
[1] Article 5 of the Law on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts reads as “(1) Host provider is not obligated to check the content it hosts or to investigate whether it is against to law. (2) Host provider is obliged to remove the content that is against to law if it is notified according to Articles 8 and 9 of this Law.”
First published by Gün + Partners in Apr 03, 2025.