Turkey cracks down on e-commerce IP infringement – Commentary
Criticism applications with regards to IP ideal infringements on e-commerce platforms
Evaluation of issues
Turkey has updated its e-commerce rules in line with the EU Digital Marketplaces Act and the Electronic Expert services Act through the publication of new amendments to the Legislation on the Regulation of Electronic Commerce No. 6563 (the E-commerce Regulation) on 1 July 2022. The amendments to the E-commerce Regulation impose substantial obligations on e-commerce service providers (SPs) and intermediate provider providers (ISPs), especially in terms of IP legal rights. The amendments took effect on 1 January 2023.
On 29 December 2022, a new secondary legislation was released: the Regulation Relating to the Digital Commerce Intermediary Service Provider and Electronic Commerce Service Suppliers. The regulation prescribes supplemental particulars in relation to the obligations and procedures set out below the E-commerce Legislation. The fourth portion of the regulation sets out information relating to criticism purposes with regard to the violation of IP legal rights.
Grievance programs concerning IP proper infringements on e-commerce platforms
ISPs should take away any infringing written content upon the grievance of a rights holder or its representative with regard to IP proper infringement if the needs are fulfilled. ISPs need to notify each the rights holder complainant or consultant and the respective SP of the elimination of the content material.
Complaints can be submitted to ISPs by using:
- internal communication programs
- the notary public or
- a registered email deal with (KEP).
An “inner communication technique” is a system established to offer straightforward and no cost communication with ISPs and SPs with regard to e-marketplaces.
Rights holders or their associates ought to involve the subsequent info in complaints to ISPs:
- their call information (ie, title, surname or trade name, Turkish identification amount, deal with, electronic mail deal with and KEP, and electrical power of lawyer (for representatives))
- the cause for the complaint
- evidence relating to the alleged violations
- the world wide web tackle of the merchandise topic to the complaint
- evidence of the right of ownership (ie, the registration certificate issued by the Turkish Patent and Trademark Office environment, the form issued by the Ministry of Tradition and Tourism, or the activity certification for expert associations in just the scope of the Regulation on Intellectual and Creative Will work No. 5846) and
- a statement that they are dependable for any damages that may arise if the details and files submitted inside the scope of the grievance software are groundless.
ISPs need to examine any complaints acquired and notify the complainant legal rights holders or their reps if any data or documents are missing. There is no precise time limit by which complainants ought to offer missing information and facts.
ISPs have to method the issues and eliminate the articles inside 48 several hours. They should subsequently notify the respective SP. SPs may item to ISPs’ conclusions to eliminate content material.
ISPs will not examine any even further problems submitted by a third-celebration rights holder with respect to the very same infringing information except the legal rights holder submits a new document that proves the correct of ownership.
SPs may possibly item to issues concerning the violation of IP rights when their product or articles is eliminated from publication. These types of objections may well be built to ISPs in the very same way in which IP legal rights holders might make problems to ISPs.
SPs must verify that the written content or products does not infringe the IP rights of the complainant in their objections. The legitimate nature of the removed item ought to be proved via invoices or alternate paperwork, or contracts which clearly show that the legal rights holder or the folks who put the product on the market place authorised the SP, thinking of the basic principle of exhaustion.
SPs will have to also offer a declaration of responsibility for any probable damages in parallel with grievance treatments. If any facts or files are lacking, the objection will not be examined and the ISP will notify the SP.
There is no precise deadline within just which an SP will have to file an objection. On the other hand, if it is obvious that the objection is justified, the ISP must republish the articles inside 24 hours from receipt of the objection. The get-togethers may possibly also go after lawful routes versus infringement allegations and the final results thereof.
The amendments introduce an obligation to use a notify and remove system for IP right infringements.
The most-talked about element of the amendments is the regulation tool, which gives ISPs the right to make a decision on the IP appropriate infringement. ISPs will thus act like a choose in phrases of violation allegations. Some imagine that IP ideal infringement statements must be matter to court docket steps and not to a very simple evaluation procedure carried out by ISPs.
Even so, this regulation has a detailed and intricate framework in conditions of its formulation. The marketplaces will engage in an active purpose in the fight towards IP right infringement, in spite of some uncertainties with regard to the amendments. Provided the limitless probable for counterfeits in the digital environment, the amendments are expected to decrease the workload of the courts.
For more facts on this subject remember to speak to F Burcum Evgin at Deris Legal professional At Regulation Partnership by telephone (+90 212 252 6122) or email ([email protected]). The Deris Lawyer At Regulation Partnership internet site can be accessed at www.deris.com.tr.
Alara Biber, junior affiliate, assisted in the preparing of this article.