Recent Developments in Turkey on Intellectual Property Rights
and
Expectations Thereof

Sustainability of international direct investment inflows carries significant importance in the global competition environment that prevails in our day, for the purpose of increasing greenfield investment, encouraging R&D intensity and innovations oriented on the supply of high value added goods and services, as the long-term and secure means of financing of the current account deficit that has amounted to USD 38 billion as of end-2007, and as a means to contribute employment that Turkey needs. 

From this perspective, the ‘Special 301 Report’ issued annually by the United States Trade Representative (USTR), is monitored seriously by producers and investors in the US as an indispensable guidebook, and is highly influential on investment decisions. As it would be recalled, USTR publicizes the results of the studies made on the protection of intellectual property rights (IPR) in countries outside the US and identifies the countries with shortcomings in IPR, into watch lists.

We, as International Investors Association (YASED), would like to point out that we are pleased to acknowledge that the USTR has listed Turkey in the “Watch List” for 2008 and not in the “Priority Watch List” where it was listed during the last four years, thanks to the efforts given and contributions made by all related authorities and organizations for the protection of IPR. This decision of USTR will undoubtedly make constructive impact on potential investors as well as international investors already operating in Turkey. But this progress, that Turkey deserves, brings in the responsibility for the continuance of this progress as well. 

Since the protection of IPR is one of YASED’s priority issues, we contribute and participate actively with our Intellectual Property Rights Working Group in the efforts given on the issue of IPR, for improving the existing laws and practices to the level of the international standards and for establishing a more healthy investment environment for international investors.

We, as YASED, emphasize that Turkey should implement IPR in compliance with internationally accepted principles of law and the European Union acquis and not refrain by any means from fulfilling the obligations arising from international treaties, and point out that we shall always provide support to the efforts given so as to maintain this positive momentum. In this respect, we consider that it would be helpful to take urgent measures and generate solutions for the currently challenging issues, namely the protection of data exclusivity, the fight against copyright and trademark infringements and counterfeiting.