2010 ilerleme raporu - Avrupa Birliği Bakanlığı

The CMB further amended the communiqué on the principles regarding mergers in order to
enhance transparency. In cases of acquisition of one company by another which holds 95% or
more of its shares, a simplified procedure will be applied. The disclosure document on the
merger will have to be published electronically.
Turkey amended its Law on financial reporting in the capital market. As a result, companies
must disclose annual and interim financial reports on their websites and keep them available
to the public for five years.
Some progress can be reported in the area of corporate accounting. The Turkish Accounting
Standards Board (TASB) published several standards, interpretations and revisions of a
number of international accounting standards (IAS). The standards apply to 600 listed
companies. Specialised training was organised for TASB staff members.
Limited progress can be reported on auditing. The CMB issued a communiqué on principles
for independent auditing standards in the capital markets. The CMB also changed the sanction
of ‘permanent cancellation’ of the independent audit licence to ‘the cancellation of not less
than two years. After two years, the independent audit firm can apply for lifting of the
sanction.
Partially in line with the Directive on statutory audits of annual accounts and consolidated
accounts, a database on independent audit firms was opened to the public. The CMB speeded
up quality controls on audit firms and joined the International Forum of Independent Audit
Regulators in order to intensify cooperation with international organisations. The regulatory
framework for auditing is not in place. A public oversight body for statutory auditors and
audit firms has yet to be established.
Conclusion
Overall, limited progress was made in this chapter during the reporting period. The new
Commercial Code has not yet been adopted. The administrative capacity of the TASB
requires further strengthening. The legal and institutional framework for auditing is not yet in
place.
4.7. Chapter 7: Intellectual property law
In the area of copyright and neighbouring rights, the Directorate-General for Copyrights
(DGCC) in the Ministry of Culture and Tourism (MoCT) improved its online services.
Coordination and cooperation between the copyright bodies has further improved as a result
of training organised jointly by the MoCT, the police, the judiciary and the anti-piracy
commissions. After the police joined the anti-piracy commissions, physical piracy has
decreased. However, in cities other than Istanbul, Ankara and Izmir, conducting ex-officio
raids against pirated products is very difficult, due to the lack of a common understanding of
the legislation on the part of enforcers and the complicated wording of the rules on
banderolling. The rules and procedures for the fight against piracy need simplification. In
particular, adoption of the pending package of amendments to the Law on intellectual and
artistic works is crucial.
No progress can be reported in the legislative framework for industrial property rights. A
constructive and structured dialogue should be established between the Turkish Patent
Institute (TPI) and IPR-holders. Issues linked to bad faith and similar trade marks and
industrial designs remain unresolved. The re-examination board needs more legal experts. The
search and examination capacity of the Patent Department needs to be improved. The draft
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