365 INTELLECTUAL PROPERTY LAW cases, has either resolved that such assignment or license agreement is deemed to be considered as a commitment to assign or grant license on the incomplete work within the scope of Article 50/1 of the IAWC, or is deemed to be invalid due to Article 48/3 of the IAWC. Therefore, if the economic rights of the incomplete works are to be assigned or licensed, such agreement should be drafted as an undertaking to assign or license, rather than an assignment or license agreement. Furthermore, as the economic rights will not be automatically transferred to the right holder during the commitment period, a second agreement on the assignment or license should be executed after the work is created. Right of Rescission If the acquirer of an economic right or a license exercises his/ her rights and authorities, insufficiently, within the agreed period, or where no period is determined within a reasonable time, and if thereby the author’s interests are significantly violated, the author may rescind the agreement (IAWC Article 58). The right to rescind is a formative right, and the economic right returns to the author by exercising the right to rescind.8 In order for an author to exercise the right to rescind, the statutory requirements as to form must be fulfilled. Accordingly, the author wishing to exercise the right to rescind must grant the other party, upon notifying him/her through a notary public, a period of time adequate to exercise its contractual rights. The notice issued by the notary public gives effect to the rescission of the agreement, if the expiration date for the granted period is exceeded, or if it is not necessary to grant such period. The granting of such a period is not necessary, if it is impossible for the other party to exercise such right, or if he/she refuses to exercise it, or if the granting of such period would significantly jeopardize the author’s interests. The other party does not have to be at fault in order for the author to exercise the right to rescind. However, if the other party is at fault, then the author may request compensation in accordance with the provisions of Turkish Code of Obligations numbered 6098. On the other 8 Bozbel, p. 220.
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