TÜRKIYE
Since June 2003
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Direct Investment Law No. 4,875 (4875 Sayılı Doğrudan Yabancı Yatırımlar Kanunu)
According to Art. 3 (a) of the Foreign Direct Investment Law, full foreign ownership is allowed. Unless stipulated by international agreements or other special laws, foreign investors are free to make investments and shall be subject to equal treatment as domestic investors.
Coverage Horizontal
Sources
TÜRKIYE
Since 2019
Since October 2014, entry into force in May 2015
Since July 1956
Since October 2014, entry into force in May 2015
Since July 1956
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)
Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)
Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)
Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
As of 2019, online media service providers, including on-demand service providers, must obtain a new license for online broadcasting and must be established in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media
Sources
- https://web.archive.org/web/20220306073811/https://www.resmigazete.gov.tr/eskiler/2019/08/20190801-5.htm
- https://web.archive.org/web/20230319084211/http://www.mevzuat.gov.tr/MevzuatMetin/1.5.6563.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=tur
- https://web.archive.org/web/20230324183915/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/tr/tr021en.pdf
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TÜRKIYE
Since June 2013, last amended in June 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
E-money and e-payment service providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. The conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage Foreign e-payment and e-money services
Sources
- https://web.archive.org/web/20150820193202/https://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://web.archive.org/web/20201019214233/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://web.archive.org/web/20230805084245/https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- https://web.archive.org/web/20231207172735/https://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Temel+Faaliyetler/Odeme+Hizmetleri/Genel+Bakis
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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 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.
- 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
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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
Reported in 2022, last reported in 2026
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
It is reported that the government maintains substantial shareholdings in various telecommunications companies. Regarding Türk Telekom, 60% of the shares are owned by the Türkiye Wealth Fund and 25% by the Ministry of Treasury and Finance, together accounting for 85% government ownership. Separately, Turkcell represents another company in the sector, in which the Türkiye Wealth Fund owns 26.2% of the shares.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260208120034/https://www.turktelekom.com.tr/en/about-us/details?p=tab8
- https://web.archive.org/web/20260417110721/https://developingtelecoms.com/telecom-business/operator-news/13115-turkey-wealth-fund-acquires-55-share-in-turk-telekom.html
- https://web.archive.org/web/20260417112409/https://www.turkcell.com.tr/en-en/about-us/investor-relations/corporate-governance/shareholder-structure/detail
- https://web.archive.org/web/20260417112551/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S439R1.pdf&Open=True
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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
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
Sources
- https://web.archive.org/web/20230329205833/https://www.resmigazete.gov.tr/eskiler/2018/02/20180217-2.htm
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230907064334/https://www.state.gov/reports/2023-investment-climate-statements/turkiye/
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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
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
