Başkasına Ait İçerikteki Fikrî ve Sınai Hak İhlalleri Nedeniyle Dijital Platformların Hukuki Sorumluluğu

OpenAlex Türkçe

Legal challenges resulting from violations of intellectual and industrial property rights on the internet continue to preserve its actuality due to increased internet usage and enhanced Internet accessibility. One of these challenges is whether digital platforms serving as host providers are liable for content provider infringements. This issue is particularly crucial considering the increasingly integral role that digital platforms are playing in relation to online digital content, as opposed to their limited activities. In this study, the liability of digital platforms arising from intellectual and industrial right infringements is examined according to the legal qualification of the platform as an infringer or accessory. Legislation of the European Union and the Court of Justice of the European Union’s jurisprudence, which serve as the basis for the related regulations in Turkish law, are also considered. In the study we discuss particularly how the current liabilities of digital platforms as accessories (secondary liability) would be affected by the recent Act No. 7416, amending Electronic Commerce Act No. 6563. We also discuss the unjustifiable necessity of the fragmented analysis resulting from the amendments and the inconsistencies brought about by the fragmented provisions. Additionally, we offer some suggestions to eliminate these inconsistencies and align Turkish law with EU law.