ERDEM-NEWSLETTER-2018-metin
315 INTELLECTUAL PROPERTY LAW Confidentiality Obligation If the employer does not demand full rights, the employer is obliged to keep the information concerning the invention declared to him confidential for the duration of the employee’s rightful interests. Mandatory Nature of Provisions Provisions with regard to inventions of employees are relatively mandatory and cannot be changed through agreement to employee. The freedom of contracts of the parties for inventions of employees commences with the patent application on in-service inventions, in the case of independent inventions with the obligation of notification of the employee. The IPL foresees that in the event that the agreements on inven- tions of employees do not comply with fairness, the same are deemed invalid even if they do not contradict the IPL, and the invalidation may be claimed until the end of the six months period starting from the termination of the employment agreement. Conclusion The IPL has not introduced essential amendments on the inven- tions of the employees. However, it foresees certain additional regula- tions concerning criteria on the determination of the compensation to be paid to the employee, as well as the obligation of a patent applica- tion.
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