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
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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
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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
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
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TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator 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 severely limit 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 |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
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
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
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
TÜRKIYE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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 ICT goods |
Indicator 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
