IP Infringement Complaints on Marketplaces

Article 9/A of Law No. 6563 provides a fast complaint mechanism against products sold on marketplaces that infringe intellectual or industrial property rights. The procedure is set out in the E-Commerce Regulation.

The Complaint

The owner of a trade mark, design, patent or copyright may complain through the marketplace’s internal communication system, a notary or registered electronic mail (KEP). The complaint should include:

• The right holder’s identity and contact details,
• Documents showing ownership (such as a registration certificate),
• Details and link of the allegedly infringing product,
• A description of the infringement and its basis.

The Marketplace’s Obligation

Upon a proper complaint, the marketplace must remove the product within forty-eight hours and notify the seller and the complainant. Failure to comply leads to administrative fines per item of content.

The Seller’s Objection

A seller whose product was removed may object with documents showing that the product does not infringe the complainant’s rights: invoices showing the product is genuine, contracts showing the supply chain back to the right holder or those who placed the product on the market with its authorisation, and other evidence. If the objection is upheld, the product is reinstated; new complaints on the same matter are disregarded unless the right holder submits new documents.

Relationship with Court Action

This mechanism is a fast administrative and contractual process and does not affect the right holder’s right to go to court. Evidence preservation, interim injunctions, damages claims and criminal complaints also arise in counterfeit cases. For details, see E-Commerce Regulations Published.