Turkey has introduced principles and procedures for management
of intellectual property rights owned or shared by the Scientific
and Technological Research Council
("TÜBİTAK"). The Regulation
introduces provisions for protecting intellectual property
developed by TÜBİTAK staff, or within related grant
programs, as well as transfer, payments and use of these
The Regulation on Procedures and Principles Regarding Management
of Intellectual Property Rights and Technology Transfers
("Regulation") was published in Official
Gazette number 29818 on 1 September 2016, entering into effect on
the same date.
Notable provisions introduced by the Regulation include:
Intellectual products developed by
TÜBİTAK's staff as a part of their jobs, or based on
TÜBİTAK's experience, work or facilities, are deemed
to belong to TÜBİTAK (unless another provision
TÜBİTAK staff must inform
the relevant department about intellectual products within one
TÜBİTAK staff must keep the
intellectual product or other intellectual property rights
confidential until the registration application has been made.
Technology transfers can be made in
four different ways: assignment; partnership capital; basic
license; exclusive license.
The Directorate of Technology
Transfer Office will designate the distributable income after the
intellectual product's development cost is deducted. Maximum
30% of the distributable income will be passed to the people who
developed the product and the remainder will be transferred to the
TÜBİTAK can establish a
company or join an existing company as a partner in order to carry
out activities regarding its intellectual property rights. For
example, convert them into a product or serial production.
TÜBİTAK can make technology
transfers to companies which were founded by TÜBİTAK, or
whose shares belong to TÜBİTAK, in accordance with their
Commercialization processes for intellectual products subject to
a decision from the Science Council before 1 September 2016 will
continue to be executed by the departments noted in the decision.
Commercialization agreements executed regarding Science Council
decisions before 1 September 2016 will remain effective.
Please see this link for full text of the Regulation
(only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal
update newsletter produced by Moroğlu Arseven.
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