10/04/2023

Industrial and Intellectual Property Rights in Turkey

Industrial and Intellectual Property Rights

Article 427 of the Law addresses a problem that is seen to be problematic in practice, and a regulation has been made regarding industrial and intellectual property rights in Turkey regarding inventions and discoveries made while the service relationship continues. With this regulation, it has been accepted that the provisions of special laws shall apply to the rights of the employee and the employer on service inventions, their acquisition and other industrial and intellectual property rights in Turkey.

The regulation in the former law is a very simple regulation. Additionally, no determination has been made contrary to the former regulation, and as such, the issue has been left entirely to the provisions of the substantive law regulating industrial and intellectual property rights.

The issues related to industrial and intellectual property rights in Turkey arising from service inventions are regulated in Articles 113 to 122 of the Industrial and Intellectual Property Law No. 6769, and the regulation on employee inventions, inventions made in higher education institutions and inventions arising in publicly supported projects entered into force after being published in the Official Gazette dated 29.09.2017 and numbered 30195.

These regulations are examined above under the heading Service inventions (labour inventions).