Trademark and Copyright Infringement on E-Commerce Platforms: Platform Liability in Turkey

A counterfeit of a well-known brand, or a piece of unlawfully copied content, no longer surfaces in a shop window. It appears as a single product listing on an e-commerce marketplace reaching millions of users. So who is responsible for that listing: only the seller, or also the platform that hosts it? In Turkey, the answer turns largely on Law No. 6563 on the Regulation of Electronic Commerce and the "notice-and-takedown" (removal upon notice) framework it establishes. This article examines the liability of both the platform and the seller when a listing infringes trademark or copyright, with a particular focus on the route available to foreign rights holders.

Two Distinct Actors: The Marketplace and the Seller

Article 2 of Law No. 6563 defines the two core actors in the e-commerce chain separately. The e-commerce intermediary service provider (ETAHS) is the party that enables sellers on a marketplace to conclude contracts or receive orders for their goods or services — in other words, the platform itself. The e-commerce service provider (ETHS) is the seller who concludes contracts or takes orders on the marketplace or on its own environment.

This distinction is crucial. The party that posts, sells and ships the counterfeit product is the seller; the platform is merely the intermediary hosting the listing. Which party is liable, and under what conditions, flows directly from this distinction.

Article 9 of Law No. 6563: Notice-and-Takedown and the Safe Harbor

Article 9, rewritten in the 2022 amendment, is the heart of the matter. Its first paragraph provides that, unless another law provides otherwise, the intermediary service provider is not liable for unlawful aspects of the content or of the goods or services offered by the seller. This is a "safe harbor" principle protecting the platform. (By its decision of 12 February 2026, No. E.2024/187, K.2026/42, the Constitutional Court annulled this paragraph only in respect of "consumer contracts," with the annulment taking effect on 2 March 2027; for intellectual property infringements, the rule remains in force.)

This immunity has a limit. Under the second paragraph, once the platform becomes aware that content is unlawful, it must remove that content without delay and report the matter to the relevant public authorities. The third paragraph targets intellectual property directly: upon the rights holder's complaint based on information and documents evidencing an intellectual and industrial property right infringement, the platform removes the product complained of and notifies both the seller and the rights holder. If the seller submits an objection supported by information and documents contradicting the complaint, the platform re-publishes the product. The complaint and the objection must contain the parties' clear identity and address details, product information, and the reasons for removal or re-publication.

The implementing regulation (Official Gazette, 29 December 2022) gives this mechanism concrete shape: the platform must remove unlawful content within no more than forty-eight hours, the IP complaint must be filed through the platform's internal messaging system, a notary, or registered electronic mail (KEP), and it must be accompanied by a registration certificate issued by the Turkish Patent and Trademark Office evidencing ownership. As a result, a platform that fails to remove a product despite a compliant notice loses its liability shield and may become responsible under general provisions.

The Seller's Separate Liability Under the IP Code and the Copyright Act

The platform's removal of a listing does not extinguish the liability of the seller who committed the infringement. The primary infringement is carried out by the seller offering the counterfeit product for sale. Trademark counterfeiting gives rise to both civil and criminal liability under Articles 29 and 30 of the Industrial Property Code No. 6769, while unlawfully copied images, text, software or designs are assessed under the Law on Intellectual and Artistic Works No. 5846 (particularly Article 71). In short, notice-and-takedown is a fast remedy against the platform; against the seller, the rights holder may separately pursue determination, prevention, damages and criminal complaint.

Practical Guide for Foreign Brand Owners

1. Document your ownership: Prepare a registration certificate obtained in Turkey (or via a Madrid registration covering Turkey) for the trademark; copyright does not require registration, but dated evidence of ownership offers strong support.
2. Build a complaint grounded in evidence: State identity and address details, the listing URL, product images and the grounds for infringement in full; an abstract allegation is not enough.
3. Use the correct channel: Send the complaint via the platform's internal notification system, a notary, or KEP, so the date of notice is provable.
4. Freeze the evidence: Record the listing with a screenshot and a dated electronic determination before it is removed.
5. Monitor and escalate if needed: Track listings re-published after an objection or newly created; for persistent infringement, consider preliminary injunctions, customs seizure and litigation against the seller.

Frequently Asked Questions

Is the platform always liable for a counterfeit listing? As a rule, no. Article 9 of Law No. 6563 does not hold the intermediary service provider liable in principle. However, if it fails to remove the product without delay despite a compliant, evidence-based notice, it loses the safe harbor protection.

I filed a notice and the platform removed the product; is it over? No. Removal only concerns the platform. The seller who committed the infringement remains separately liable under the IP Code and the Copyright Act; moreover, if the seller submits a document-based objection the product may be re-published, so monitoring is essential.

My trademark is not registered in Turkey; can I still complain? An IP complaint strongly expects a registration certificate evidencing ownership. Although registration is not mandatory for copyright, a Turkish trademark registration is strongly recommended for both the notice mechanism and criminal protection.

What can I do against a foreign-based platform? Marketplaces operating toward Turkey fall within the scope of Law No. 6563. Beyond the notice mechanism, litigation in Turkey and customs seizure are also available against the seller and, where appropriate, the platform.

How Mona Hukuk Can Help

Intellectual property infringement on e-commerce platforms requires a correct notice, solid evidence and strategic follow-up against the seller. At Mona Hukuk, we provide domestic and foreign trademark and copyright owners with end-to-end legal support in preparing effective takedown notices to platforms, managing objection processes, and pursuing determination, prevention and damages actions and criminal complaints against sellers.

For consultancy in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.