WT/REG288/4  
 
13 March 2023 
(23-1854) Page: 1/2 
Committee on Regional Trade Agreements  Original: English  
 
FREE TRADE AGREEMENT BETWEEN TÜRKIYE AND SERBIA  
(SERVICES)  
QUESTIONS AND REPLIES  
 The following communication, dated 13 March 2023, is being circulated at the request of the 
delegations of  Türkiye  and Serbia . 
 
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Questions from the European Union  
 
Electronic commerce  
 
1.1.  Paragraphs 4.18 and 4.19 – while the definition of electronic commerce seems wide, 
does the fact that there is no obligation to allow delivery transmitted by electronic means 
"except in accordance with the obligations under other provisions of the Protocol" mean 
that in practice the scope of the obligation to allow electronic deliveries is limited to those 
sector -specific services covered by the Protocol?  
Response from Serbia  
 
 We would like to underline that the development of electronic commerce is one of the strategic 
priorities in the area of digitalization and trade and to express our view that electronic commerce 
should not be limited solely to certain sector - specific ser vices but rather expanded to as many 
electronic services possible in accordance with international agreements and national laws  
 
Response from Türkiye  
 
 Article 70 Paragraph 4 reads:  
 
 "This Section does not impose an obligation on a Party to allow a deliv ery transmitted by 
electronic means except in accordance with the Party's obligations under another provision of this 
Agreement. " 
 
 The purpose of the Article is to clarify the fact that Parties have discretion whether to allow or 
deny a delivery transmitt ed by electronic means as long as there is no obligation stemming from 
another provision of the Agreement.  
 
 Practically, Parties shall allow delivery transmitted by electronic means,  if it comes from a 
commitment in that Party's Schedule of Specific Commi tments or if it stems from another provision 
(which creates an obligation in this regard) of the Agreement.  
 
 Therefore, both the commitments in Parties' Schedules and the provisions of the Agreement 
should be taken into consideration in order to decide i f a Party shall allow delivery transmitted by 
electronic means.  
 
 Paragraph 4.19 – what measures might the Parties be considering to ensure that 
the free flow of information on the Internet does not impair the rights of intellectual 
property owners on the Internet?  WT/REG288/4  
 
- 2 - 
 
  Response from Serbia  
 
 In case the relevant provisions of the Protocol are deemed insufficient or may be considered 
ambiguous with regard to the issue of the intellectual property rights, Serbia has legislation in place 
which guarantees the protection of intellectual property rights (Law on Copyright and Related Rights, 
Law on Special Powers for the Purpose of Efficient Protection of Intellectual Property Rights and other 
regulations) and in case of infringement adequate measures can be imple mented.   
 
Response from Türkiye  
 
 Article 70 Paragraph 5 reads:  
 
 "The Parties recognise the importance of the free flow of information on the internet, while 
agreeing that this should not impair the rights of intellectual property owners given the importance 
of protecting intellectual property rights on the internet. " 
 
 The intention behind Paragraph 5 is to recognise that the free flow of information cannot be 
used as a reason to impair the rights of intellectual property owners and to clarify that  Parties' 
domestic laws and regulations which protects the rights of intellectual property owners, cannot be 
challenged solely on the basis of "free flow of information ". 
 
 No specific measure was drafted under Section VI (Electronic Commerce). In Türkiye' s 
domestic laws however, this subject is mainly regulated under Law no. 5846 (Law on Intellectual 
and Artistic Works – Fikir ve Sanat Eserleri Kanunu).  
 
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