WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/C/4
17 July 2000
(00-2903)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY 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
- Regulations on the Marking of Intellectual and Artistic Works 2
- Amendments to the Regulations regarding the Marking of Intellectual and Artistic Works 11
Conseil des aspects des droits de propriétéintellectuelle 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 texte
1 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 le marquage des œuvres intellectuelles et artistiques 2
- Modifications du Règlement sur le marquage des œuvres intellectuelles et artistiques 11
Consejo de los Aspectos de  los Derechos de Propiedad
Intelectual relaciona dos 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 las marcas de obras literarias y artísticas 2
- Reforma de la Reglamentación de las marcas de obras literarias y artísticas 11
                                                     
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/4
Page 2
REGULATIONS ON THE MARKING OF
INTELLECTUAL AND ARTISTIC WORKS
PART ONE
Purpose, Scope and Legal Justification
Article 1 – Purpose
The purpose of the present regulations is to define the principles and rules  for determining the
special signs, marks, indications, stickers, bar-codes and serial numbers to be placed on the
copies of the intellectual and artistic works, places where they will be applied thereon,
authorities where they will be obtained and the action to be taken for those not bearing them.
Article 2 – Scope
These regulations cover the principles and rules governing the marking of intellectual and
artistic works and the use of stickers on the non-periodical publications.
Article 3 – Legal justification
The present regulations have been prepared pursuant to the provisions of the Law #3257 on the
Movie, Video and Music Works, the article 44(4) of the Law #5846 on the Intellectual andArtistic Works as amended by the Law #4110 and the article 81(2) thereof.
PART TWO
Miscellaneous Provisions
Article 4 – Works to be marked
Following are the works on which marks, stickers, bar-codes and serial numbers are to be
placed:
a) Non-periodical publicationsb) All kinds of sound and/image carrying media and all new disk and diskette and
similar environment that may be developed by the technology
c) Computer softwareIP/N/1/TUR/C/4
Page 3
d) Reproductions made by any means and with any materials and techniques of
the fine arts works, oil and water colour pictures of all descriptions,embellishments, engravings, fine scriptures, works attached, embossed orengraved with stones, wood and other materials, and serigraphic products,statues, reliefs, handwork and small fine arts products, miniatures, products ofembellishment arts, textile and fashion designs, photographic works, slides,graphical productions, cartoons and reproductions of all kinds of models.
Article 5 - Signs, marks, stickers, labels, bar-codes and serial numbers
Following are the signs, acronyms, stickers, bar-codes and numbers that may be placed on the
copies of intellectual an artistic products:
a) Name, title and logo
Names, titles and eventual logos of the physical and legal persons that will
reproduce and market the intellectual and artistic works to the public.
b) Ministry’s logo
The letters “KB” which will not be smaller than 8 points.
c) Year code
The last two digits of the year in which the intellectual or artistic work will be
published.
d) Province code
Code number of the province where the head office or business centre of the
physical or legal person publishing the intellectual or artistic work is located(Exhibit 1: Sample B)IP/N/1/TUR/C/4
Page 4
e) Publisher and reproducer code
The publisher is the person publishing the reproductions of artistic or intellectual
works and the manufacturer is the physical or legal person producing orimporting the sound and/or image carriers, disks, diskettes and similar media.The publisher and manufacturer code is the number granted by the Ministry ofCulture upon request on a one-time basis.
Publishers and manufacturers that produce or import disks, diskettes and other
similar media will enclose with their applications a copy of the statement thatthey will receive from the Ministry of Culture to show their names, titles,residence and business addresses plus the addresses of their business centreswith their trade registry matriculations if they operate from a given businesscentre, and those importing the sound and/or image carriers will submit asimilar statement to evidence that they have the qualifications of manufacturer.
f) Publisher and manufacturer identification
Those publishing  scientific and literary, and reproductions of fine arts works will
use the letter “Y” as the abbreviation of the word “Yayýmcý” (Publisher).  Thoseproducing sound and/or image carriers, disks and diskettes will use the letter“Ü”, denoting “Üretici” (Manufacturer) and those importing such items will usethe letter “Ý”, denoting “Ýthalâtçý” (Importer).
These indicators will be used together with the manufacturer and publisher
codes, with the indicator being placed first.
g) Publication and manufacture serial number
These are the sequential numbers assigned to each item to be published by the
publisher or the owner of the work and to each sound and/or image carrier,disks and diskettes produced or imported by the manufacturer.
If the publisher or manufacturer numbered their previous publications, they will
continue the numbering by following this sequence.IP/N/1/TUR/C/4
Page 5
h) Serial number
These are the sequential numbers placed on each of the series of the published
fine arts work items starting from the unit. These numbers are applied by anumbering sticker machine. The serial numbers in the following editions willfollow the last of the preceding edition. A serial number will be used only once.The total will also be added on the fine arts work items.
i) Stickers
Stickers are tags applied on non-periodical publications and copies of the
intellectual and artistic works transferred on sound and/or image carriers. Theyare made in such a manner that they will become destroyed  or cause damageon the materials on which they are applied when removed.
The stickers of which the types and characteristics will be determined by the
Ministry of Culture and which will be prepared by the said Ministry will beobtained therefrom for the sound and/or image carriers and from the provincialculture departments for the books and encyclopediæ.
 Stickers so obtained will be applied on the non-periodical publications, on each
copy of the book published by the publisher, on each volume of theencyclopediæ and where the book is made up of several volumes, on a suitableplace on the front cover page of each fascicle and, in sleeve covers,underneath the sleeve.
Article 6 - Marking of non-periodical publications
Publishers or owners of the work will place their names, titles and eventual logos on a suitable
place of the four-page cover of each book published and on the four-page covers of eachfascicle of encyclopædia published in form of fascicles plus the year, province and publishercodes and publication numbers in fonts not less than six points (Exhibit 1, Sample C).IP/N/1/TUR/C/4
Page 6
Article 7 - Markings on sound-carrying compact disks and other similar media
Physical and legal persons producing, importing or reproducing after importation the records,
sound cassettes, compact disks and other similar media serving to repeat the performance ofintellectual and artistic works will
(a) print their names, titles and logos on stickers applied on both sides of records,
sound cassettes, compact disks and other similar media,
(b) print the year, province and manufacturer codes and publication serials in fonts
not less than six point and by separating the numbers with punctuation signs onstickers applied on both sides of records, sound cassettes, compact disks andother similar media,
(c) apply  the stickers prepared by and available at the  Ministry of Culture in a
manner and at a place readily visible through the outer packages of records,sound cassettes, compact disks and other similar media.
Article 8 - Markings on movie films, video cassettes and disks and diskettes carrying
images
The markings on movie films, video cassettes, disks and diskettes carrying images will be made
in the following manner:
(a) Physical and legal persons producing or importing movie films, video cassettes, disks and
diskettes that carry images will indicate on the tags that they prepare their names, titles andlogos and, in fonts not less than six points in a single line, the year, province andmanufacturer code and acronym plus the publication number. These tags will be applied onthe outer cases of movie films. Names, titles and logos of those producing or importing thecinematographic and videographic works plus the aforesaid numbers will appear in thegenerics of all copies thereof.
(b) Stickers prepared by the Ministry of Culture will be obtained therefrom in sufficient numbers
and applied on the movie film cans, on the places assigned for this purpose on the upperback of video cassettes and on a suitable place on disks and diskettes in a manner readilyvisible through the outer package.IP/N/1/TUR/C/4
Page 7
(c) The acronyms and codes of producers or importers will appear at the end of the generics
and of the films as shown in the Sample C of Exhibit 1. Manufacturers may at theirdiscretion may be indicated at the lower right hand corners of the films in a continuousmanner or for three seconds at each eleventh minute.
Article 9 - Use at public places
Standard sticks prepared to show the letters “UMK” indicating usability at public places will be
obtained from the concerned professional associat ions and applied on the outer cases of sound
and/or image carriers, disks and diskettes to be played at public places. The stickers,purchased by the holders of operation license from the professional associations at pricesindicated by the Ministry, will show the logos of such associations, serial numbers, manufacturercodes and the UMK letters.
Article 10 - Fine arts works
Markings on the reproductions made by any means and with any materials and
techniques of the fine arts works, oil and water colour pictures of alldescriptions, embellishments, engravings, fine scriptures, works attached,embossed or engraved with stones, wood and other materials, calligraphic andserigraphic products, statues, reliefs, handwork and small fine arts products,miniatures, products of embellishment arts, textile and fashion designs,photographic works, slides, graphical productions, cartoons and reproductionsof all kinds of models will bear the indications and serial numbers indicated inthe article 6 of the present regulations by the physical and legal persons, publicbodies and agencies reproducing the above
(a) on postcards in a single line on lower left reverse sides of reproductions of
20 
x 30 cm, and
(b) in a single line on the lower right side of reproductions larger than 20 x 30
cm.
Article 11 - Markings on computer software
Information indicated within the scope of markings will, depending on the manner in which the
subject computer software are distributed, will be shown within the assembled code of thesoftware similar to the practice observed for disks, diskettes and compact disks of read-onlyIP/N/1/TUR/C/4
Page 8
memory and visible on the monitor when the computer is operated under this software. If, on the
other hand, the computer software is distribut ed pursuant to the distribution rights in an
environment other than a physical carrier outside of the traditional methods, the marking will beinserted only within the assembled code of such software and visible during the initial loading ofthe software.
Markings, for which there is no standard form, will include for the computer software  produced
and reproduced in Turkey the names, titles and logos of physical and legal persons that willoffer them to the end-users pursuant to licenses granted by the producers and reproducers, thelast two digits of the year in which  the computer software or version is marketed and theversion and release numbers thereof.
Where the producer grants license rights or ad hoc  contracts together with the product, the
information given on the markings will be included in the said license agreements or ad hoc
contracts.
Article 12 - Sticker use on non-periodical publications
The manner in which the stickers will be used on non-periodical publications is indicated below:
a) The publisher will prove by material evidence in form of a contract or letter of authorisation
pursuant to the provision requiring that “The notarised agreements and actions regarding thefinancial rights will be in writing to enumerate the rights constituting the subject thereof” asrequired by the article 52  of the Law #5846.
b) Stickers to be used on non-periodical publications will be given only to the owners of the
concerned rights or to the publishers that prove by notarised contracts of letters ofauthorisation that they hold the said rights.
c) Stickers in the required quantities for the work stated in the contract or letter of authorisation
will be purchased from the provincial culture departments.
d) Stickers issued to the holders of rights may not be used on items other than the publication
to be reproduced. Holders of rights or publishers that have the reproduction rights are underthe obligation to remit to the Ministry of Culture copies of the order letters given to and theinvoices received from the printing house.IP/N/1/TUR/C/4
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e) Following documents are required to issue stickers:
1. Notarised contract or letter of authorisation evidencing the ownership of the right.2. Order letter certified by Ministry of Finance showing the number of copies to be printed.3. Shipping voucher and invoice by the printing house indicating the number of copies
printed.
4. Declaration prepared by the holder of the right to furnish information on the non-periodical
information to be reproduced.
Article 13 - Action to be taken on non-marked works
Action will be taken pursuant to the provisions of the Law 5846 on Intellectual and Artistic Works
and the Law #3257 on the Cinematographic, Videographic and Musical Works against thosethat reproduce, distribute, sell and otherwise offer them to the benefit of others.
Article 14 - Remedies available for the unmarked works
Owners of rights or the professional associations authorised by the owners under the provisions
of the Law #5846 on Intellectual and Artistic Works may claim material and moral losses anddamages for unmarked works, those without stickers or serial numbers.
PART THREE
Final Provisions
Article 15 - Rescinded provisions
The Regulations on the Marking of Intellectual and Artistic Works published in the Official
Gazette #19211 dated 4 September 1986 and its subsequent amendments will be rescindedupon entry into force of the present Regulations.
Article 16 - Entry into force
The present Regulations will enter into force upon its publication.
Article 17 - Enforcement
The present  Regulations will be enforced by the Minister of Culture.IP/N/1/TUR/C/4
Page 10
EXHIBIT I
Example A: 95 for the fiscal year 1995
Example B: 06 if the head office is located in AnkaraExample C: The publisher A and the right e or organisation X that published 5000 copies of
the book titled B in Ankara in 1997. Name, title and logo (if any) of the publisherwill appear in a suitable place on the four-page cover of the book. In this case,the year code 97, the provincial code 06 and the publisher code 0001 (given tothe publisher by the Ministry for use in all of its publications), the publisheracronym Y and the publication number 1 (if it is the first publication of the saidpublisher) will be printed as stated above in form of 97.06.Y.0001.1.
Example D: Producer acronym Ü, manufacturer code 004 will be shown as Ü.004.
The importer acronym İ and manufacturer code 004 will be shown as İ.004.IP/N/1/TUR/C/4
Page 11
REGULATIONS
ON THE AMENDMENTS TO THE REGULATIONS REGARDING THE
MARKING OF INTELLECTUAL AND ARTISTIC WORKS
Article 1 - The article 5(i)1 of  the Regulations on the Marking of  Intellectual and Artistic works
published in the Official Gazette #23172 dated 16 November 1997 is amended to
read as follows:
“A sticker is a security tag containing a security strip with holographic
properties which is applied  for the prevention of the unlicensed reproductionor falsification of the intellectual and/or artistic works, on the non-periodicalpublications, sound and/or image carrying media, disks and diskettes on whichsuch works are recorded, which is destroyed and/or destroy the materials onwhich it is applied when removed.”
Article 2- The article 12 of the same Regulations is amended as follows together with its
heading:
“Use of Security tags with holographic propertiesArticle 12 - The manner in which the security holograms may be obtained for
the non-periodical publications is shown below:
a) The publisher will prove by material evidence in form of a contract or letter
of authorisation pursuant to the provision requiring that “The notarisedagreements and actions regarding the financial rights will be in writing toenumerate the rights constituting the subject thereof” as required by thearticle 52  of the Law #5846.
b) Security holograms to be used on non-periodical publications will be given
to the owners of the concerned rights or to the publishers that prove bynotarised contracts of letters of authorisation that they hold the said rights.
c) Stickers in the required quantities for the work stated in the contract or letter
of authorisation will be purchased from the Department of IntellectualRights and Movie Films Department in Istanbul and  from the culturedepartments in other provinces..IP/N/1/TUR/C/4
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d) Stickers issued to the holders of rights may not be used on items other than
the publication to be reproduced. received from the printing house.
e) Following documents are required to issue security holograms:
1. A legally valid contract or letter of authorisation indicating the ownership
of the right.
2. A copy of the letter ordering to the printing house the production of a
certain number of the works by the owner or by the publisher holding thereproduction right or a copy of the relevant invoice or a written statementshowing the tax registry number where the first two are not available.”
Article 3 - The following provisional article is added to the said Regulations:
“Provisional Article 1 - Security holograms in the non-periodical publications will be
used until 31 March 1999 upon request of the owner of the right, the right holder orthe publishing house holding the reproduction right.”
Article 4 - These Regulations will enter into force upon their publication .
Article 5 - Provisions of the present Regulations will be enforced by the Minister of Culture.
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