New Legislation On IP Infringement On E-Commerce Platforms

Law No. 7416, amending E-Commerce Law came into effect on January 01, 2023. This law obliges e-commerce platforms to take down a product if they receive a legitimate complaint alleging that a violation of intellectual and industrial property rights has occurred on their platform.

According to Law No. 7416, the general principle is that the intermediary service provider (i.e., the platform) is not responsible for the illegality of the content offered by the service provider. Nevertheless, it is obliged to take down a product upon a complaint by the right owner based on information and documents regarding the violation of IP rights.

If the illegal content is not removed upon complaint, or if the content is republished despite being proved illegal, the intermediary service provider will be subject to an administrative fine ranging from TRY 10,000 to TRY 100,000 for each violation.