ERDEM-NEWSLETTER-2018-metin

Employee Inventions* Att. Melisa Sevinc Atilganer Introduction Pursuant to Industrial Property Law No. 6769 (“IPL”), employee means persons and public servants who dependently provide services to another person under a private law agreement or a similar legal rela- tion, and under the obligation to perform services with respect to par- ticular work designated by the employer. The IPL and the Regulation on Inventions of Employees, Inventions Realized in Higher Education Institutions and in Publicly Supported Projects published in the Offi- cial Gazette dated 29.09.2017 and numbered 30195 (“Regulation”) 1 foresees certain rights and obligations for the employees and the em- ployers in the event of realization of an invention by the employee. Identification of In-service Inventions Pursuant toArticle 113 of the IPL, inventions (i) realized based on activities undertaken by an employee in a facility or a public agency; or (ii) essentially based on the experience and studies in a facility or a public agency are deemed in-service invention. The remaining inven- tions are deemed independent inventions. Additionally, the Article 20 of the Regulation foresees three groups of inventions to serve as the basis for calculation of the com- pensation to be paid to employees on the invention. Accordingly, the first group consists of the inventions originated from the assignment given by the facility, and not consisting of contribution by the facility. * Article of January 2018 1 The Regulation on Inventions of Employees, Inventions Realized in Higher Education Institutions and in Publicly Supported Projects, OG, 29.09.2017, No. 30195.