ERDEM-NEWSLETTER-2018-metin

314 NEWSLETTER 2018 Confidentiality Obligation The employee is under a confidentiality obligation on the inven- tion so long as it does not qualify as a free invention. Obligations of Employer Obligation of Payment If the employer demands full rights of the invention, the employee is entitled to demand payment of a reasonable compensation. In the event that the employer demands partial rights and utilizes the inven- tion, the right to demand payment by the employee arises. The economic feasibility of the in-service invention, the duty of the employee, and the share of the employer in realization of the invention are taken into consideration for calculation of the compensa- tion. In this context, the compensation is calculated according to the groups foreseen under Article 20 of the Regulation, by multiplying the income generated from the invention by the coefficients indicated in Article 21 of the Regulation for each groups. If the in-service inven- tion is realized by multiple employees, compensation and payment terms are determined separately for each employee. Application Obligation The employer has the obligation to make a patent application with regard to the invention upon which it has placed full rights. Such application obligation ceases if (i) the service invention is an indepen- dent invention, (ii) the employee does not consent to the application for his/her invention, or (iii) the protection of trade secrets requires application not to be made. Additionally, if the interests of the employer are injured by the application, the employer may refrain from making application. In that event, absence of the application is taken into consideration in the calculation of the compensation.