Newsletter-21

351 INTELLECTUAL PROPERTY LAW Court decided that although hosting providers are not responsible to evaluate the legality of the hosted content pursuant to the Art. 5 of the Law, in the event that the hosting provider does not remove illegal content after having received the Notice and Takedown, at that point it is liable since it would then be willfully allowing an illegal act to con- tinue. The justifications of this decision are Art. 61 of Turkish Code of Obligations numbered 6098 (Art. 50 of the Code Of Obligations numbered 818), which states that persons who participate, or assist, or encourage, or facilitate such a violation are conjointly responsible for damages to the sufferer, together with the violator, and Art. 61(e) of the Decree Law Regarding the Trademark Protection numbered 556, entitled ‘The Acts accepted as Trademark Infringement’ which states that to participate, assist, encourage and facilitate, no matter in what form or condition, are accepted as trademark infringements, as well. Conclusion Such easy accessibility and globality of the internet facilitate the exploitation of intellectual property rights and unjust benefit. There- fore, it is crucial that means through which to deal with these matters, and the results to be reached, should be also easy and practical. LIPR, Law numbered 5651, and the jurisprudence mentioned, above, serve this purpose, and give opportunity to prevent and remedy infringe- ments and unjustified benefits of right holders who diligently pursue their rights.