TÜRKIYE
Since December 1951, last amended in June 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 5846 on Intellectual and Artistic Works
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
Since 2019
Since October 2014
Since July 1956
Since October 2014
Since July 1956
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Regulation on Presentation of Radio, Television and Optional Broadcasts on the Internet
Law on E-commerce regulation No. 6563
Turkish Commercial Code Law No. 6762
Law on E-commerce regulation No. 6563
Turkish Commercial Code Law No. 6762
As of 2019, online media service providers, including on-demand services providers, must obtain a new license for online broadcasting and are required to establish in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media
TÜRKIYE
Since June 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions
E-money and e-payment services providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment services providers are required to establish their Turkish entities and localize 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
- http://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- 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 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions
E-money and e-payment services providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment services providers are required to establish their Turkish entities and localize 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
- http://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- 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) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Decree-law No.551 pertaining to the protection of patent rights
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 2019
Since October 2014
Since July 1956
Since October 2014
Since July 1956
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Regulation on Presentation of Radio, Television and Optional Broadcasts on the Internet
Law on E-commerce regulation No. 6563
Turkish Commercial Code Law No. 6762
Law on E-commerce regulation No. 6563
Turkish Commercial Code Law No. 6762
As of 2019, online media service providers, including on-demand services providers, must obtain a new license for online broadcasting and are required to establish in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media
TÜRKIYE
Since February 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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.
Coverage Horizontal
TÜRKIYE
Since February 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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.
Coverage Horizontal
TÜRKIYE
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that although Turkish government procurement law requires government contracting agencies to consider best value pricing, the lowest-cost bids are selected in most tenders. In a scenario involving the procurement of highly technical goods or services, this may prevent consideration of bids from firms with the highest capacity and best abilities, including foreign firms, i.e., those that provide a greater number of services, lower life cycle costs, and higher quality products. It is also reported that certain other features of the Turkish procurement system have the effect of severely limiting the ability of foreign companies to participate in government tenders. First, Turkish procurement law mandates the use of model contracts, i.e., standard forms, which many government procuring agencies refuse to modify. These model contracts make it difficult for foreign companies to formulate proposals that are fully responsive to procuring agencies’ requirements. In addition, foreign companies, including those with Turkish subsidiaries, have reported difficulties complying with onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal
TÜRKIYE
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that although Turkish government procurement law requires government contracting agencies to consider best value pricing, the lowest-cost bids are selected in most tenders. In a scenario involving the procurement of highly technical goods or services, this may prevent consideration of bids from firms with the highest capacity and best abilities, including foreign firms, i.e., those that provide a greater number of services, lower life cycle costs, and higher quality products. It is also reported that certain other features of the Turkish procurement system have the effect of severely limiting the ability of foreign companies to participate in government tenders. First, Turkish procurement law mandates the use of model contracts, i.e., standard forms, which many government procuring agencies refuse to modify. These model contracts make it difficult for foreign companies to formulate proposals that are fully responsive to procuring agencies’ requirements. In addition, foreign companies, including those with Turkish subsidiaries, have reported difficulties complying with onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Türkiye is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Türkiye is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal
TÜRKIYE
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
TÜRKIYE
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
TÜRKIYE
Since January 2002, as amended in February 2014
Since September 2014
Since September 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Law - Law No. 4,734
Domestic Goods Communiqué (SGM 2014/35)
Domestic Goods Communiqué (SGM 2014/35)
In February 2014, the Turkish government started enforcing a local preference margin of 15% for middle and high technology products. Until this decision, the application of this margin was at the discretion of the authority issuing the tender. To this end, Art. 63 of the Turkish Public Procurement code (Law No. 4734) was amended as follows:
- A 15% preference margin for local service suppliers and construction works can be established at the discretion of the authority issuing the tender;
- It is mandatory to give a 15% preference margin for interested parties which offer locally produced middle and high tech products. Every January, the Ministry of Science, Industry and Technology will publish a list with the eligible products. The first list which encompassed 2139 products (including computers, mobile phones, TVs, etc.) has been published in January 2015.
Furthermore, on 13 September 2014, the Turkish government specified the conditions for what constitutes a "local product" eligible for the above preference margin for the first time. The conditions, according to Art. 4 of the Domestic Goods Communiqué, are:
- The product has to be produced by industrial enterprises which own a registration certificate issued by the Ministry of Industry. Furthermore, the product has to be listed in the category "production content" of the registration certificate;
- Important stages of the production process with products that have been produced or obtained entirely in Türkiye and from the economical point of view necessarily last fundamental processing and workmanship being done in Türkiye;
- The value of the local contribution has to be at least 51% of the final production cost.
- A 15% preference margin for local service suppliers and construction works can be established at the discretion of the authority issuing the tender;
- It is mandatory to give a 15% preference margin for interested parties which offer locally produced middle and high tech products. Every January, the Ministry of Science, Industry and Technology will publish a list with the eligible products. The first list which encompassed 2139 products (including computers, mobile phones, TVs, etc.) has been published in January 2015.
Furthermore, on 13 September 2014, the Turkish government specified the conditions for what constitutes a "local product" eligible for the above preference margin for the first time. The conditions, according to Art. 4 of the Domestic Goods Communiqué, are:
- The product has to be produced by industrial enterprises which own a registration certificate issued by the Ministry of Industry. Furthermore, the product has to be listed in the category "production content" of the registration certificate;
- Important stages of the production process with products that have been produced or obtained entirely in Türkiye and from the economical point of view necessarily last fundamental processing and workmanship being done in Türkiye;
- The value of the local contribution has to be at least 51% of the final production cost.
Coverage "Middle and high technology products", which includes mobile phones and computers
Sources
- https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://www.resmigazete.gov.tr/eskiler/2014/09/20140913-11.htm
- http://www2.ihale.gov.tr/english/4734_English.pdf
- https://www.globaltradealert.org/intervention/12413/public-procurement-preference-margin/turkey-enforced-local-preference-margin-of-15-for-middle-and-high-technology-products
- http://www.lawsturkey.com/law/public-procurement-law-4734
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