Safe harbor exemption regime and its conditions regarding the liability of electronic commerce marketplaces for trademark infringements

This study examines the legal liability of electronic commerce marketplaces arising from trademark infringements committed by third parties. With the evolution of traditional commerce into the digital environment, electronic commerce marketplaces have become key actors in commercial life, leading to the emergence of new legal challenges concerning the protection of trademark rights. In this study, regulations and judicial precedents in European Union and Turkish law have been analyzed. Within this framework, the liabilities of electronic commerce marketplaces for trademark infringements, and the safe harbor exemption regime are evaluated. The legal analysis conducted in this study reveals that the liability of electronic commerce marketplaces under Turkish law is determined within the framework of the "notice-and-takedown" method, while under European Union law, the active or passive position of platforms and their knowledge of the infringement are taken into account. In conclusion, it has been concluded that the legal responsibility of electronic commerce marketplaces for trademark infringements by third parties has become even more important in the digitalized trading environment, and that regulations in this area may need to be developed in line with changing needs in the future.