Newsletter-21

349 INTELLECTUAL PROPERTY LAW who receives such a warning is not at fault, the content that is subject to violation should be removed from the internet. In the event of con- tinued violation despite the warning, the right holder may apply to the Public Prosecutor’s Office to force the access provider to cease service to the content provider who had received the Notice and Takedown 3 . Law Numbered 5651 The purpose of the Law is to regulate the obligations and respon- sibilities of content providers, hosting providers, access providers, and the providers of public use; and the procedures and principles re- garding the content with respect to the crimes committed through the internet by means of content, hosting and access providers. The Law makes it possible to remove the content that abuses personal rights, or confidentiality and privacy. If the conditions are present, blocking access to the related website can be required 4 . In order to implement the regulated sanctions, the right holder shall apply the Notice and Takedown Procedure with respect to the content provider. In the event of continued violation despite the notice, the removal of the content, or blocking access to the website, shall be requested from the Criminal Court of Peace. Although in the Law, the application to the Criminal Court of Peace is inferred as being optional from the notice, the Supreme Court has ruled that the application of Notice and Takedown, primarily, was the validity condition to remove the infringing content from internet and, likewise, the entire world 5 . Pursuant to the Notice and Takedown Procedure, in the event that the content provider cannot be reached, the notice shall be sent to the hosting provider. In accordance withArticle 3 of the Law, the introduc- tory information regarding the aforementioned persons shall be kept updated and accessible for their website users. Otherwise, providers are faced with administrative penalties. 3 Decision of 11th Chamber of Court of Cassation dated 17.06.2014 numbered 2014/902 E, 2014/11631 K may be given as example. 4 For more information: http://www.erdem-erdem.av.tr/publications/law-post/ amendments-introduced-to-the-law-on-regulation-of-internet-publications/. 5 Decision of General Chamber of Court of Cassation dated 15.01.2014 and num- bered 2013/11-1138 E., 2014/16 K. may be given as example.