ERDEM-NEWSLETTER-2018-metin

313 INTELLECTUAL PROPERTY LAW In the event of an independent invention, the notification includes the manner of realization of the invention, thus enabling the employer to make a judgment as to whether the invention is an independent in- vention. If it is clear that the invention cannot be used within the activ- ity area of ​the employer, the employee has no notification obligation. However, even if the independent invention is not within the scope of activities of the workplace, and yet the workplace is in genuine preparation to operate in the field where the invention is concerned, the employee is obliged to offer the employer utilization of his/her invention, without granting full rights prior to the employee beginning the utilization of its independent invention. If the employer does not respond within three months from the date upon which the proposal was received, it loses its priority right. The employer in under the obligation to notify the employees of the date upon which the notification is served upon him/her. In the event of breach of the notification obligation, the employer is respon- sible for the damages suffered by the employee. Additionally, IPL grants the right to initiate a lawsuit of unauthorized assumption on patent or patent application, as the case may be. Accordingly, in the event that the patent application of the employee has not been final- ized, a lawsuit of unauthorized assumption on patents, pursuant to the Article 110 of the IPL, may be initiated; and if a patent is granted to the invention lawsuit of unauthorized assumption on patent right pursuant to the Article 111 of the IPL may be initiated. The employer places partial or full right demand within four months starting from the receipt of the notification to the employer through a written notification. In the event that such notification is not served, the invention becomes an independent invention. In the event that the employer places a partial rights demand on the invention, such invention becomes an independent invention and, in such case, the employer may utilize the invention. If such utilization of the employer complicates essentially utilization of the invention by the employee, the employee is entitled to request acquisition of the rights on invention in full, or waiver of partial utilization rights from the employer. If the employer does not respond within two months from the receipt of the notification, the utilization rights terminate.