NEWSLETTER-2019-metin

255 INTELLECTUAL PROPERTY LAW implementation of Court of Cassation rulings is in line with the aca- demia by only allowing employers the right to use the economic rights on the works created by employees. The employer’s power to use the economic rights is an absolute right that can be enforced against any person 6 . Requirements to Assign to the Employer the Power to Use Economic Rights Requirement of the Creation during the Course of Employment Pursuant to Article 18/2 of the Law, in order for the employer to use the economic rights to the work, the work should have been cre- ated by the employee during the course of employment. For instance, the employees working in companies that design computer programs, newspapers, and architect offices are deemed to create work during the performance of their duties arising out of the employment contract. 7 As long as the work is created during the performance of duties, the premises where the work is created is not relevant. Due to the requirement of the creation of work during the course of employment, if there is no connection between the work and the du- ties of the employee, the employer shall have no rights over the work. The Requirement of “Unless Otherwise is Understood from the Contract” or due to the Characteristics of the Job Article 18/2 of the Law includes the phrase of “unless otherwise is understood from the contract between the parties or from the job the employee has undertaken.” In accordance with this phrase, due to the characteristics of the employee’s duties, or the contract executed between the employer and the employee, it may be decided that the 6 Y. L. , Fikri Mülkiyet Hukuku, 4rd ed., Istanbul, 2005, p. 135-137, cited in the decision of the Court of Cassation dated 22.06.2011, numbered 2011/11-401E, 2011/441K. (https://www.lexpera.com.tr/ictihat/yargitay/hukuk-genel-kurulu-e- 2011-11-401-k-2011-441-t-22-06-2011) (Access date: November, 2019). 7 Yıldız , p. 516.