Strengthening Digital IP Protection in Türkiye: Domain Name Disputes and Online Enforcement

With the digital landscape expanding rapidly, the protection of intellectual property (IP) rights in Türkiye has become more complex. Two major areas of concern are domain name disputes and online infringement of trademarks and copyrights. Recent regulatory shifts, including the introduction of TRABIS and evolving enforcement mechanisms, aim to provide more structured and efficient solutions.

Trademark and Copyright Enforcement in Digital Spaces

Online infringement of trademarks and copyrights is a significant challenge, requiring civil, criminal, and administrative measures to safeguard rights holders. The Intellectual Property Code (IP Code) defines trademark infringement under Article 29, prohibiting unauthorized use of a mark in commerce, including domain names, redirect codes, and misleading keyword advertising.

Legal remedies include:
• Preliminary injunctions to block access to infringing content within Türkiye.
• Criminal complaints under Article 30, which impose 1 to 3 years of imprisonment and judicial fines for deliberate infringement.
• Notice-and-takedown procedures, requiring platforms to remove infringing content within 48 hours under E-Commerce Law No. 6563.

However, regulatory uncertainties persist. The Council of State suspended key provisions of the E-Commerce Regulation, raising concerns about enforcement consistency. While annulment cases are still pending, platforms remain legally required to remove infringing content.

Copyright Protection and Online Enforcement

For copyright infringements, rights holders can seek both financial and injunctive relief. The notice-and-takedown system, under Additional Article 4, mandates the following steps:
1. Rights holders must first notify the infringing content provider, requesting removal within three days.
2. If the request is ignored, they can escalate the case to the public prosecutor, who may order content suspension following an expert review.

Failure to act on these requests can lead to criminal sanctions and fines.

TRABIS and Domain Name Disputes

Türkiye’s .tr domain name system is managed by TRABIS (the .tr Network Information System), which has been operational since September 14, 2022. The transition to a first-come, first-served system eliminated the need for applicants to provide documents proving entitlement, increasing the risk of bad faith registrations.
To address disputes, Dispute Resolution Service Providers (DRSPs)—aligned with the Uniform Domain-Name Dispute-Resolution

Policy (UDRP)—handle litigation-free domain recovery procedures. A complainant must prove:
1. The domain name is identical or confusingly similar to their trademark, trade name, or business identifier.
2. The registrant has no legitimate interest in the domain name.
3. The domain name was registered or is being used in bad faith.

When these conditions are met, the panel may cancel or transfer the domain name. This streamlined process offers a cost-effective and efficient alternative to court litigation.

Türkiye has made remarkable strides in domain name governance and online IP enforcement, establishing a solid foundation for rights protection in the digital age. With proactive regulatory enhancements and a commitment to aligning with global best practices, the country is well-positioned to stay ahead of evolving digital challenges.

By strengthening procedural clarity, streamlining dispute resolution mechanisms, and fostering a dynamic legal framework, Türkiye can safeguard IP rights and create a more secure and competitive digital marketplace.

Dilek Zeybel
Trademark & Patent Attorney
E: dilek@starkerip.com