WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/C/5
17 July 2000
(00-2917)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text
1 of the following laws and regulations, as notified by Turkey
under Article 63.2 of the Agreement (see document IP/N/1/TUR/2):
Page
- Regulation on Inspection of Cinema, Video and Music Works of Art 2- Regulation on Enterprise License to Be Given to the Film, Video, Record and Cassette Administrators 8
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par la Turquie au titre
de l'article 63:2 de l'Accord (voir le document IP/N/1/TUR/2):
Page
- Règlement sur l'inspection des œuvres d'art cinématographiques, vidéographiques et musicales 2- Règlement sur l'octroi de licences d'entreprise aux administrateurs de films, de vidéocassettes, de
disques et de cassettes8
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos, que Turquía notificó
de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2):
Página
- Reglamentación de la inspección de obras musicales, obras de cine y de vídeo 2- Reglamentación de la licencia empresarial  para administradores de empresas de cine, vídeo, discos y
casetes8
                                                     
1 In English only.  The texts in the original language are available for consultation by interested Delegations at the WTO
Secretariat./En anglais seulement.  Les délégations intéressées peuvent consulter les textes dans leur langue d'origine, au Sec rétariat de
l'OMC./En inglés solamente.  Las delegaciones interesadas podrán consultar en la Secretaría de la OMC los textos en su idioma o riginal.IP/N/1/TUR/C/5
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REGULATION ON INSPECTION OF CINEMA, VIDEO AND MUSIC WORKS OF
ART
Resolution number 86/10901
Publication in official gazette: 4.9.1986/19211Regulation on amendment of some of its articlesResolution number: 87/11716Publication in official gazette: 26.6.1987/19499Regulation about amendment of some of its articlesResolution number: 88/13241Publication in official gazette: 12.10.1988/199957
FIRST PART
Objective-Scope-Phrases
Objective:
Article 1:The objective of this regulation is to prevent the execution and display of theworks of art consisting of cinema films, video bands, records and audio cassettesthat may affect negatively the inseparable integrity of the state with its country,national sovereignty, republic, national security, public order, general ease, publicinterest, general ethics, general health and policy, that may hurt the nationalfeelings or that are inappropriate to our national culture, customs and traditions.
Scope:
Article 2:The provisions of this regulation comprises the organization of inspectioncommittee and sub commissions, their duties, working principles and procedures;examining and inspection of the domestic produced or imported cinema films,video bands, records or audio cassettes and the scenarios depending on therequest of the producer before they are presented to the public by theirproducers.However, they shall not be implemented in examination and inspection of everykind of cinema film, television film, video band, record, audio cassettes, magneticbands and similar ones, before they are presented to the public, that the thirdpersons will produce, import or  realize by the way of co-production with the native
or foreign real or legal persons of the Company or by the way of ordering to beused at the Turkish Radio and Television Company and/or the publications inaccordance with the Company.
Phrases:
Article 3:The explanations of the phrases used in this regulation are as follows:Ministry: Ministry of Culture and TourismMinister: Minister of Culture and TourismCommittee: Inspection CommitteeCommission: Sub-commissionIP/N/1/TUR/C/5
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Scenario: Text that is the base of the production of works of art of cinema and
videoPoster: Advertisements at various shape and color produced for the introductionof the works of art of cinema, video and music.Documentary Film: Productions that deal with a historic or old work of art, asituation from actual life or from the nature, any event experienced in the past ortaken from the actual life in its natural environment or in settings formed later veryclosely to its original or productions that gain historic qualification as time passes.Educative-Instructive Productions: Works of art that deal with the information,concepts, lesson subjects in a way that will be helpful for the education-instruction inside or outside the school.Scientific works of art: Works of art that deal with scientific matters or discoveries.Technical productions: Works of art that are prepared to give information onmatters about production procedures, instrument machines and equipment,working and operation of them.Contemporary works of art: Works of art produced with the aim of giving theevents or real situations as news.Commercial works of art: Works of art that do the introduction of the persons,establishments, objects or services.Copy: Samples that are copied from the master bands, originals of the works ofart.Declaration: Standard form that has the qualifications of its producer, the workand information on and that is issued and given by the Ministry.
SECOND PART
Organization of inspection board and Sub-Commissions
Their Duties, Working Procedures a nd Qualifications of the Members:
Organization of the Sub-Commission:Second and third paragraphs of Article 4 have been amended.
Article 4:
Sub-commissions composed of three persons to make the pre-inspection of theworks of art can be formed by the Ministry.“Commission forms from the representatives of Ministry and Related VocationUnion and Ankara and Istanbul Journalists Association that is beneficiary to thepublic. The commission chairman is elected by the members.The Ministry can form more than one commissions if needed. Thesecommissions can be formed in Istanbul and in other provinces when needed.”The meeting places of the commissions shall be determined by the Ministry.Chairmen and members who have duty in the commissions cannot be appointedto the inspection boards.The secretarial services shall be carried on by the related units of the Ministry.
Duties of the commission:
(c), (d) and (e) sub paragraphs have been annexed to the 5th article.IP/N/1/TUR/C/5
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Article 5:
The duty of the commission is; to prepare reasoned report by inspecting the copyof the work of art at appropriate size and form for the register and recordtransactions that shall be made by taking the declaration of the producer of thefilm, video and music works of art as a base in line with the objective of thisregulation;a) Using the statement “positive, not necessary to be inspected” for the works ofart they do not find necessary to inspect.b) Using the statement “necessary to be inspected by the Inspection Board” forthe works of art they find obligatory and necessary to be inspectedc) By inspecting the scenarios of the producersd) By giving the certificate “It has been declared that the work of art is incompliance with the Inspection Principles. The inspection is not necessary underthe responsibility of the owner of the declaration.”e) By inspecting the music works of art that have inspection certificate dependenton declaration in case there is complaints.
Organization of the inspection board:
The second and fifth paragraphs of Article 6 have been amended.
Article 6:
The board forms from; the representatives from the Ministry of Education andYouth and Sports, General Secretariat of National Security Council, Ministry ofInterior, Cinema Works of Arts Owners Vocation Union of Turkey, Music Works ofArts Owners Vocation Union of Turkey and one artist member chosen by theMinister under the chairmanship of the representative of the Ministry sent by theMinister. “Board shall be assembled in Istanbul and in other provinces in case it isneeded. The number of the boards shall be determined by the Ministry accordingto the volume of the work.”The Ministries instruct their representatives and substitutes themselves.Chairmen and members instructed in a board cannot be instructed in otherboards and sub commissions.“The boards shall assembly at places determined by the Ministry.”The amount of the travel expenditures, travel expenses, money for attendance toa meeting of the non-officials of the commission and board shall be determinedby the Ministry approval every year.These expenditures shall be met from the cinema and music art subvention fund.
Duties of the inspection board:
(B) sub-paragraph of Article 7 has been abolished and it has been amended as(C) and (B) sub paragraphs.
Article 7:
Duties of the inspection board are as follows:A) To prepare a report by inspecting the works of art within the framework of theprinciples provisioned in the 9
th article.
a) To prepare a report with the statement “positive as a result of the inspection”for the positive film, video and music works of art.IP/N/1/TUR/C/5
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b) To prepare a report with the statement “the distribution and display are
inappropriate” for the negative film, video and music works of art and send it tothe related unit to be considered.c) To prepare a detailed and reasoned report for the works of art that have beencorrected and that were decided to be re-inspected.B) To inspect any work of art on its own account or as a result of the Ministry’srequest.
Working Procedure of the Sub-commission and Inspection Boards:
The third paragraph of Article 8 has been amended.
Article 8:
The duty distribution to the commission and boards shall be made according tothe order of application.No one is entitled to be present in the studies of the commissions and boardsexcept for the Chairman, members and officials. The producer of the work of artcan participate as an observer. The commissions assemble with all of theirmembers, the boards assemble with the two third majority of the full number andtake decisions with the two third majority.As a result of the boards’ offer, representatives can be requested from ministriesor establishments that have no member at the boards by the ministry to receivethe opinions about the inspections. These representatives do not have the right ofvote.In cases when the payments of the translators, who shall be charged(simultaneous translation) at the commissions and boards when needed, are notpaid by the Ministry, Cinema and Music Art Subvention Fund, they shall be paidby the producer of the work of the art.
THIRD PART
Common Provisions On Inspection
Cinema, Video and Music Works of Art that cannot be permitted for Display
and Execution:Article 9:The display and execution of the film, video and music works of art shall not bepermitted, which contain elements of offense or incite to offense from the aspectof the indivisible integrity of the state with its country and nation, nationalsovereignty, republic, national security, public order, general ease, public interest,general ethics, general health and which are inappropriate to the foreign policy, toour national culture, customs and traditions.
Removing Process:
Article 10:The removals to be made from the cinema and video works of art containing oneor more of the matters stated in the 9
th article shall be made by the commissions
and boards in case the producer approves. The removal from the importedcinema film and video works of art shall be returned to their owner while goingabroad.IP/N/1/TUR/C/5
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Objection to the Resolutions of the Inspection Board:
Article 11:The board’s resolution, stating that the presentation of the film, video and musicwork of art to the public is in no way appropriate, can not be objected. However,administrative justice can be applied for.Cinema, Video and Music Works of Art Harmful to the Children
Article 12:
The display and execution of the film, video and music works of art, which aredetermined probable to affect the mental and physical health, the growing up ofthe children in a negative way, shall not be permitted to children under the age of16.It is obligatory to state this matter in the posters, photographs and advertisementsintroducing the film, video and music work of art.
Works of Art with Educative Purpose:
Article 13:The quality of the film, video and music works of art brought to the commissionsand boards that have educative purpose shall be stated in the resolutions andshall be registered to the establishment certificate.
FOURTH PART
Various Provisions
Application of the Producers:
Article 14 has been amended.
Article 14:
It is obligatory for the producers to enclose a short summary of the work of art, atranslation of the foreign music work of art if there is any or a signed documentstating that he takes all the responsibility of the lyrics to the declaration to begiven to the Ministry for the cinema, video and music works of art to be inspectedby the sub commissions.
Article 15:
The producers who want the scenarios to be inspected shall apply to the Ministrywith four copies of the scenario and a short summary of the scenario enclosed totheir petition.The name, mailing address of the producer  and the name of the scenarist shall
be included in the petition.
Art Activities:
Article 16 has been amended.
Article 16:
The foreign film and video works of art brought from the foreign countries to bedisplayed to the public in the expositions, film festivals and public rejoices thatshall be organized in Turkey or to participate in the competitions shall not beIP/N/1/TUR/C/5
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inspected. However, it is obligatory for the related organization committees on
these activities to get appropriate and positive approval from the Cinema Worksof Art Owners Vocation Union of Turkey established according to Article 42 articleof law numbered 5846. Domestic film and video works of art with enterprisecertificate can participate in these activities in the same way.Validity:
Article 17:
This regulation comes into force on its publication date.
Execution:
Article 18:The Minister of Culture and Tourism executes the provisions of this regulation.IP/N/1/TUR/C/5
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REGULATION ON ENTERPRISE LICEN SE TO BE GIVEN TO THE FILM,
VIDEO, RECORD AND CASSETTE ADMINISTRATORS
Resolution Number: 86/10899
Publication in Official Gazette: 4.9.1986/19211Regulation on amendment of some of the articles and annexing a provisionalarticle to this regulation.Resolution Number: 87/11715Publication in Official Gazette: 26.6.1987/19499The name of the Regulation has been amended with Article 1.
Objective:
Article 1 has been amended.
Article 1:
The objective of this regulation is to determine who shall be licensed as theadministrator, their qualifications, the principles that shall be implemented andother matters and exceptions related with this work, by municipalities and by thesuperior civil administrative chief outside the borders of municipalities.
Scope:
Article 2:This regulation comprises the requested qualifications, the conditions that shallbe followed and other methods and principles, for the real and legal persons tohave an enterprise license demanding to copy films, videos, records, cassettesand similar works having an enterprise certificate for commercial purposes, tomake collective sale or retail distribution, to sell, rent and display for more thanone person.Real and Legal Persons that shall be given Administrator License:The first paragraph of Article 1 has been amended.
Article 3:
Administrator license shall be given to the real and legal persons, demanding tocopy films, videos, records, cassettes and similar works for commercial purpose,to distribute and sell, to sell by retail, to rent, to display for more than one personby the municipalities, or in places outside the borders of municipalities by thesuperior administrative chief only if they carry the qualifications stated in article 4and if they can execute the conditions. The administrator who has takenadministrator license and doing collective copying and distribution shall beobliged to take his copying right from the producer by a document prepared bythe notary public.The subject of this activity is shown separately in the administration license.
Qualifications and conditions:
Article 4 has been amended.IP/N/1/TUR/C/5
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Article 4:
From the ones, who applied to the municipalities and to the superioradministrative authorities in places outside the borders of municipalities,demanding to get administration license, necessary materials and equipment forthe controlling of videos and cassettes shall be required in working places andsharing a proper stand shall be required in the working places that are notindependent.
Display of the films and video works of art
Article 5:The persons demanding to display films and video works of art in public,relaxation, recreation and entertainment places shall also be obliged to have aadministrator license. The works without the special of “Usable in open-publicplaces” on the producer’s banderole shall not be displayed in open-public places.
Exceptions:
Article 6:Public institutions, establishments and foundations shall not be obliged to getadministrator license due to their selling, displaying and distribution activities ofeducational, instructive, country introducing, scientific and social films, videos,records and cassettes. However, they shall be obliged to get the administrationlicense in case these activities are executed for commercial purposes in aworking place.The Turkish Radio and Television Company shall not be considered asadministrator due to its displaying, selling,  distributing activities of films, videos,
advertisements, records, cassettes, magnetic bands and similar works, thereforeadministration license shall not be given.
Provisional Article:
The administrators, who were active before this regulation had come into force,shall be obliged to get administration license within 3 months from theMunicipalities.A provisional article has been annexed.
Provisional Article:
The administrators, who were active in the places out of the borders ofmunicipalities before the regulation had come into force, shall be obliged to getthe administration license from the superior civil administrative chief within 3months.
Validity:
Article 7:This regulation shall come into force on the date of its publication.IP/N/1/TUR/C/5
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Execution:
Article 8:The provisions of this regulation shall be executed by the Minister of Culture andTourism.
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