TÜRKIYE
Since May 2007, last amended in October 2022
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications (Internet Law) establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 4 of the law, a content provider is not responsible for the link to the content that belongs to someone else. However, if it is clear from the format of the presentation that the content in question it links to is embraced and intended to be reachable, the content provider is responsible according to the general provisions. Furthermore, hosting providers are only liable for removing unlawful content that they host, provided that they are notified, pursuant to Articles 8 and 9 of the Internet Law, that is, ensuring that they act according to a notice-and-takedown procedure.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230222140802/https://mbkaya.com/turkish-internet-law/
- https://web.archive.org/web/20220107233819/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://www.sciencedirect.com/science/article/abs/pii/S0267364916300838?fr=RR-2&ref=pdf_download&rr=912601e6ad16ea5d
- https://web.archive.org/web/20171213010147/http://cyberlaw.stanford.edu/page/wilmap-turkey
- Show more...
TÜRKIYE
Since May 2007, last amended in October 2022
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 4 of the law, a content provider is not responsible for the link to the content that belongs to someone else. However, if it is clear from the format of the presentation that the content in question it links to is embraced and intended to be reachable, the content provider is responsible according to the general provisions.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230222140802/https://mbkaya.com/turkish-internet-law/
- https://web.archive.org/web/20220107233819/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://www.sciencedirect.com/science/article/abs/pii/S0267364916300838?fr=RR-2&ref=pdf_download&rr=912601e6ad16ea5d
- https://web.archive.org/web/20171213010147/http://cyberlaw.stanford.edu/page/wilmap-turkey
- Show more...
TÜRKIYE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Türkiye imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230110224321/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20230927020214/https://freedomhouse.org/country/turkey/freedom-net/2021#footnote3_4cnpza8
- https://web.archive.org/web/20230328191244/https://www.mondaq.com/turkey/new-technology/811422/turkey39s-btk-imposes-data-localization-requirements-on-e-sim-technologies
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- Show more...
TÜRKIYE
Since June 1995, amended in November 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree Law No. 551 on the Protection of Patent Rights (551 Patent Haklarının Korunması Hakkında Kanun Hükmünde Kararname)
According to Art. 171. b of the Decree-law No.551, patent agents entered in the records of the Turkish Patent Institute have the capacity to act before the Institute. The persons domiciled abroad have to be represented by patent agents.
Coverage Horizontal
TÜRKIYE
Since October 1995, entry into force in January 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Türkiye is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
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 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite positive developments in recent years, concerns among rights holders regarding overall IP protection and enforcement in Türkiye persist. Rights holders continue to note the use of unlicensed software by some government agencies and high levels of online piracy. Significant issues are reported with software piracy, piracy of printed works, and online piracy, with the enforcement system, including judges, prosecutors, and police, failing to address IP-related crimes adequately.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240409085355/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230426131418/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- Show more...
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 ratified 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 ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TÜRKIYE
Since January 2011
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.
- 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
Sources
- https://web.archive.org/web/20230717072214/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6102-20130328.pdf
- https://web.archive.org/web/20230324183915/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/tr/tr021en.pdf
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/turkey
- https://web.archive.org/web/20190724103103/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/669207/Intellectual_Property_rights_in_Turkey.pdf
- Show more...
TÜRKIYE
N/A
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
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Turk Telecom (the incumbent) was privatised in 2005. However, at the moment, 25% of the share of Turk Telecom belongs to the Republic of Türkiye Ministry of Treasury and Finance, and 5% belongs to the Türkiye Wealth Fund, which is a sovereign wealth fund owned by the Government of Türkiye. It is reported that Turk Telecom has a de facto monopoly over network access services that are essential for service providers in different segments of the market.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220126194800/http://www.ttinvestorrelations.com/en-us/turk-telekom-group/investing-in-turk-telekom/pages/ownership-structure.aspx
- https://web.archive.org/web/20170326140939/https://freedomhouse.org/sites/default/files/Infrastructure%20and%20Independence%20-%20Why%20Turkeys%20Telecomms%20Sector%20is%20Not%20Keeping%20Pace%20with%...
- https://web.archive.org/web/20221029133237/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.4502.pdf
- https://web.archive.org/web/20150923103106/http://www.iclg.co.uk/practice-areas/telecoms-media-and-internet-laws/telecoms-media-and-internet-laws-and-regulations-2016
- https://web.archive.org/web/20220825143354/https://www.lexology.com/library/detail.aspx?g=98ffd2de-9a1c-45a4-bedb-2d59c38f1701
- Show more...
TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Türkiye does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required. SMP operators having accounting separation obligations in relevant markets prepare accounting separation reports annually.
Coverage Telecommunications sector
TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Türkiye has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc88.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
- Show more...
TÜRKIYE
Since November 2008
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Electronic Communication Law (Law No. 5809) (Elektroni̇k haberleşme kanunu)
According to Electronic Communication Law No. 5809, the executive authority for the supervision and administration of services in the telecommunications sector in Türkiye is the Information and Communication Technologies Authority. It is reported that the Information and Communication Technologies Authority is independent from the government in the decision-making process.
Coverage Telecommunications sector
