- within Intellectual Property topic(s)
- within Intellectual Property, Food, Drugs, Healthcare, Life Sciences and Privacy topic(s)
- with readers working within the Aerospace & Defence industries
Regulation on Intellectual and Industrial Property Rights of the TENMAK has been newly published. The Regulation has significant provisions for the management of intellectual property in the field of energy.
Introduction: A New Term through the Regulation on Regulation on Intellectual and Industrial Property Rights of the TENMAK
Regulation on Intellectual and Industrial Property Rights of the Turkish Energy, Nuclear and Mineral Research Agency (TENMAK) has been newly circuited in the Official Gazette dated March 3, 2026 and Numbered 33195. The Gazette is only available here
The present article will offer a brief summary of the new Regulation and its potential implications in the Energy sector.
What is the purpose of the Regulation on Intellectual and Industrial Property Rights of the TENMAK?
Article 1 of the Regulation stipulates that the purpose of this Regulation is to determine the principles and procedures applicable to the management of intellectual and industrial products and intellectual and industrial property rights of the Turkish Energy, Nuclear and Mineral Research Agency, as well as the transfer of technologies subject thereto.
Article 2 establishes that the Regulation applies to all intellectual and industrial products, related rights, and technologies within the Agency's field of activity, whether owned, co-owned, or submitted to the Agency for protection or commercialization.
What are the main principles by the Regulation on Intellectual and Industrial Property Rights of TENMAK?
In this context, all intellectual and industrial property rights arising from projects conducted solely by TENMAK R&D units shall belong entirely to the Agency. Indeed All intellectual and industrial property rights over any intellectual and industrial products arising during or as a result of projects carried out solely by TENMAK R&D units—without any external stakeholders and outside the scope of project support programs under the Regulation and related legislation—shall belong entirely to the Agency.
These must be notified within fifteen (15) business days.
Except for the cases set out in the first, second, third, fourth, and fifth paragraphs, intellectual and industrial products developed within the Agency's field of activity and submitted to the Agency with a request for protection shall be notified to the Intellectual and Industrial Property Rights Unit. What is more
- For joint projects, ownership shall be governed by cooperation agreements.
- For scholarship programs and support activities, rights belong to the Agency unless otherwise stated.
- Joint programs follow cooperation agreements.
- External submissions may be acquired or jointly owned upon decision of the President.
- Contribution ratios must be declared; otherwise, equal contribution is assumed. Developers must provide technical support when requested.
Strategic Implications for Private Partners and Joint Ventures
The new Regulation creates a structured framework for external stakeholders and research partners. While rights for projects conducted solely by TENMAK belong to the Agency , the Regulation establishes that ownership for joint projects and joint programs shall be governed by specific cooperation agreements.
This shift emphasizes the critical importance of contract management: * Negotiation of Ratios: Contribution ratios must be explicitly declared; otherwise, equal contribution is legally assumed. * External Submissions: Technologies or products submitted to the Agency for protection or commercialization may be acquired or jointly owned based on the decision of the President. * Notification Deadlines: Stakeholders must be aware of the strict fifteen (15) business day notification period for relevant developments.
For private entities engaging in energy R&D, these provisions necessitate a proactive approach to IP due diligence and robust contractual arrangements to secure technology transfer rights.
How is the Registration Protection applicable under the Regulation on Intellectual and Industrial Property Rights of TENMAK?
In accordance with Article 6, the IPR Unit conducts evaluation and submits to the President for decision on registration. International protection decisions are also taken by the President. Registration and maintenance processes are handled by the IPR Unit.Joint ownership is subject to contractual provisions.
Conclusion
Having regard to the above, the Regulation on Intellectual and Industrial Property Rights of TENMAK introduces several applicable rules for the energy sector. TENMAK is granted significant duties and mandates for the protection of intellectual property rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
