TÜRKIYE
Since October 1995, entry into force in January 1996
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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) |
Sub-pillar 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) |
Sub-pillar 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
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TÜRKIYE
Since August 2008, entry into force since November 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (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) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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) |
Sub-pillar 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
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
Sub-pillar 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
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TÜRKIYE
Since January 2002, as amended in June 2017
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
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
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.
- 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
Sources
- https://web.archive.org/web/20220630004221/https://dosyalar.kik.gov.tr/genel/IhaleGovTr/4734_public_procurement_law_Consolidated_2022.pdf
- https://web.archive.org/web/20221128194427/https://resmigazete.gov.tr/eskiler/2017/07/20170701-21.htm
- https://web.archive.org/web/20221222052544/https://www.resmigazete.gov.tr/eskiler/2014/09/20140913-11.htm
- https://web.archive.org/web/20241125200029/https://www.sanayi.gov.tr/assets/img/popup-image/butce2025.jpg
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20240413073950/https://www.wto.org/english/tratop_e/tpr_e/s439_e.pdf
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TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
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. 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 Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.88%
Coverage rate of zero-tariffs on ICT goods (%)
72.26%
Coverage: Digital 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
TÜRKIYE
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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
Sources
- 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
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TÜRKIYE
Since July 2021, until July 2026
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar 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
Country: Vietnam