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.

Turk Telecom (the incumbent) was privatized in 2005. However, at the moment, 25% of the share of the Turk Telecom belongs to Republic of Türkiye Ministry of Treasury and Finance, and 5% belongs to Türkiye Wealth Fund, which is a sovereign wealth fund owned by the Government of Türkiye. It is reported that Turk Telecom has de facto monopoly over network access services that are essential for service providers in different segments of the market.

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 statement if the unfair competition is committed by wrong or misleading statements; 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.

It is reported that passive infrastructure sharing in Türkiye to deliver telecom services to end users is mandated, and it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

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 statement if the unfair competition is committed by wrong or misleading statements; 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.

Türkiye has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Türkiye has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Türkiye has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

Despite positive developments in the area in recent years, it is reported that concerns among rights holders regarding overall IP protection and enforcement in Türkiye continue. The use of unlicensed software by some government agencies is reported, as are increasing levels of satellite television channel piracy. In addition, enforcement processes are hampered by procedural delays, insufficient personnel, and laws that contain lax penalties and inadequate procedures. Moreover, it is reported that the rate of unlicensed software installation in the country was 56% in 2017 (same as the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 208 million.

Despite positive developments in the area in recent years, it is reported that concerns among rights holders regarding overall IP protection and enforcement in Türkiye continue. The use of unlicensed software by some government agencies is reported, as are increasing levels of satellite television channel piracy. In addition, enforcement processes are hampered by procedural delays, insufficient personnel, and laws that contain lax penalties and inadequate procedures. Moreover, it is reported that the rate of unlicensed software installation in the country was 56% in 2017 (same as the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 208 million.

Türkiye has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

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.

Türkiye is a party to the Patent Cooperation Treaty (PCT).

Türkiye is a party to the Patent Cooperation Treaty (PCT).