Database

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TÜRKIYE

Since December 1951, last amended in June 1995

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 5846 on Intellectual and Artistic Works (5846 sayılı Fikir ve Sanat Eserleri Kanunu)
Türkiye has a copyright regime under Law No. 5846 on Intellectual and Artistic Works. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-37 list the exceptions, which include the use of the work before the court and other government offices for its proof and as the subject of a proceeding in the absolute security and penalty procedures; the inclusion of some parts of the intellectual and artistic works in the media used for sign, sound or image transmission in relation to daily events, provided that these have the characteristics of an interview; among others.
Coverage Horizontal

TÜRKIYE

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported high levels of online piracy
It is reported that stakeholders encounter high levels of online piracy.
Coverage Horizontal

TÜRKIYE

Since August 2008, entry into force since November 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Türkiye has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TÜRKIYE

Since August 2008, entry into force since November 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Türkiye has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Türkiye lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets can be protected under the Unfair Competition Provisions of the Turkish Commercial Code and the Turkish Criminal Code No. 5237. Art. 56 of the Commercial Code allows persons who have suffered damages or who may be exposed to the risk of such damage to apply to the competent court for the following:
- Declare whether the defendant's action is unfair;
- Prevent unfair competition;
- Removal of the material condition caused by the action of unfair competition; rectification of statements if wrong or misleading statements commit the unfair competition; and destruction of the means used in the unfair competition action, provided that it is unavoidable to prevent the infringement;
- In the case of a faulty action for compensation of damages, there is a reference to the conditions set forth by Art. 58 of the Turkish Code of Obligations.
Coverage Horizontal

TÜRKIYE

Reported in 2017, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive infrastructure sharing in Türkiye to deliver telecom services to end users is mandated, and it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

TÜRKIYE

Since January 2002, as amended in February 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tender documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal

TÜRKIYE

Since January 2002, as amended in June 2017
Since September 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)

Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Since February 2014, amendments to the Public Procurement Code have introduced defined local preference margins for medium- and high-technology products in Türkiye, replacing the previously discretionary application of such margins by issuing authorities. Art. 63 of the Turkish Public Procurement Code, as amended by Art. 74 of Law No. 7033 on the Amendment of Certain Laws and Decrees to Support the Development of Industry and Production, establishes the following provisions:
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
Coverage Middle and high technology products

TÜRKIYE

Since February 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Regulation on the Implementation of the Turkish Industrial Cooperation Program
The Regulation on the Implementation of the Turkish Industrial Cooperation Program gives civilian ministries the authority to impose commercial offset requirements in procurement contracts. A foreign company that wins a Turkish government procurement contract may be required to produce a certain percentage locally or with a local partner or transfer technology in order to provide its products and services. It is reported that the Turkish Government has imposed these requirements in the telecom and ICT sectors, among others.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"108228"},{"post_id":"108229"},{"post_id":"108230"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

TÜRKIYE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.99%
Coverage rate of zero-tariffs on ICT goods (%)
69.44%
Coverage: ICT goods

TÜRKIYE

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in ITA Expansion Agreement (ITA II)
Türkiye is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

TÜRKIYE

Since July 2021, until July 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Anti dumping measure
In July 2021, the Turkish authorities imposed a definitive anti-dumping duty on imports of stainless steel welded pipes, tubes and profiles (HS:560311) from Vietnam. These products can be used for server cabinets, racks for network equipment, structures for telecommunications antennas, as well as to manufacture machinery and equipment used in the production of ICT goods. The rate of the duty ranges from 19.64% to 25%, depending on the company.
Coverage Product: Stainless steel tubes, pipes and profiles (HS:560311)

Country: Vietnam

TÜRKIYE

Since July 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (Cumhurbaşkanlığından, Genelge, Bilgi ve İletişim Güvenliği Tedbirleri No. 2019/12)
Circular No. 2019/12 provides that data of public institutions and organisations should not be stored in cloud storage services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud computing sector

TÜRKIYE

Reported in 2022, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Complaints on public procurement
It is reported that Türkiye frequently issues regulations that exempt urgent projects and procurements from requirements of the Turkish Public Tender Law, allowing entities to conduct tenders or negotiations on an invitational basis. While these exempted tenders technically are open to foreign as well as domestic firms, it is reported that, in practice, few of these have been awarded to foreign firms unless they were offering goods or services that were urgently needed and not available in Türkiye.
Coverage Horizontal

VANUATU

Since September 2000, last amended in July 2010

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act No. 24 of 2000
Vanuatu enacted the Electronic Transactions Act No 24 of 2000, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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