Newsletter-21

350 NEWSLETTER 2016 If the application is made to the Court of Peace due to the viola- tion of rights not being remedied despite the warning; in accordance with the demands, the Judge may decide to remove the content, or may order that access to the website to be blocked. Within this scope, the Judge’s decision to block access is sent directly to the Access Provid- ers Association 6 (“Association”). The related access providers will then block access due to illegal content being published by the content provider when they are informed in accordance with the provisions of the Law, and will take preventive measures to block the alterna- tive access means to the publications that are to be blocked. Thus, the right holders, whose rights are violated, would eliminate the violation within a short period of time. Jurisprudence of the Supreme Court In accordance with the jurisprudence of the Supreme Court, the provisions of the Law can be applied to trademark infringements, as well. In this regard, if there is no result after applying the Notice and Takedown Procedure, application can be made to the Court of Peace. Thus, the loss of the right holder due to the content of the internet broadcast will be prevented as soon as possible. In order to determine and eliminate such violations, trademark holders receive support from companies that specialize in intellectual property rights. These firms take necessary action by conducting global research. If the right holders suffer loss until the content is removed from in- ternet, they may take legal action to compensate their damages. Within this context, it is certain that content providers can be sued for trade- mark right infringement, because content providers are responsible for any content offered on the internet pursuant to the Art. 4 of the Law. In addition, the Supreme Court General Assembly has ruled that hosting providers may sued if they do not remove the illegal content from the internet despite having been informed concerning its illegality through a Notice and Takedown, in accordance with its resolution file num- bered 2013/ 11-1138, decision numbered 2014/16 7 . The Supreme 6 For more information : http://www.erdem-erdem.av.tr/publications/law-post/ amendments-introduced-to-the-law-on-regulation-of-internet-publications/. 7 For more information: Decision of General Chamber of Court of Cassation dated 15.01.2014 and numbered 2013/11-1138 E., 2014/16 K.