NEWSLETTER-2017

311 INTELLECTUAL PROPERTY LAW It must be stated that the LIAW separates the rights on the Works as material and moral rights, and limits the rights of employers only with the material rights 2 . Art. 18.2 does not regulate this fact explicitly; however, pursuant to the Supreme Court decisions 3 and doctrine, since moral rights cannot be assigned, employers may gain only material rights. Therefore, moral rights, such as authority to disclose Work to the public and to designate the name, and prohibition of modification, shall remain with the employees. Regarding moral rights, the employer can only request the right of use from its employee. For example, in case of a modification by third parties on a software developer’s program, he can appoint his company to prevent the modification, to request restoration of the Work to its original condition, and/or claim compensation on his/her behalf. It should be emphasized also that in this case, the employee will be able to resign from his/her company when the manner of the employer’s using this authority is of such a nature to damage the honor and reputation of the employee. The Rights of the Employers under the Provisions of Designs Pursuant to the IP Law which entered into force on 10.01.2017, unless otherwise regulated in the contracts, the rightholders of the De- signs that are made by the employees during the term of employment, in a private enterprise or public authority, while performing, as part of his/her obligation, the task he/she has been assigned to, or which are based to a great extent on the experience and work/activity of the private enterprise or public authority, are the employers. In addition, if the employers request, the rights of the Designs that are not within the scope of the employers’ tasks, but made due to the business’ general field of activity are also granted to the employers. However, different than the provisions of the LIAW, under the IP Law, employees are entitled to a fee in line with the importance of the Designs. Regarding the probable conflicts of the amount of the fee between the parties, 2011/11-401 E., 2011/441 K. can be shown as an example. 2 For more information http://www.erdem-erdem.av.tr/publications/law-post/ rights-of-owners-in-their-intellectual-and-artistic-works/. (Access date: 31.04.2017). 3 Decision of 11th Chamber of Court of Cassation dated 15.06.2006, numbered 2006/3490 E., 2006/6930 K. can be shown as an example.