What is free Invention in Turkey ?
Article 119 of the Law introduces the obligation to notify and propose free invention in Turkey other than service inventions.
If the employee makes an independent invention while under an employment contract, he/she is obliged to notify the employer without delay. In this notification, information about the invention and, if necessary, the realization of the invention will be provided so that the employer can decide whether the invention is a real free inventio or not. On the other hand, if it is clear that the free invention cannot be utilized within the field of activity of the employer, the employee has no obligation to notify.
If the employer claims that the invention is not a free invention in Turkey, it shall make this objection with a written notification within three months from the date of notification.
Additionally, if the free invention falls within the field of activity of the enterprise or if the enterprise is making serious preparations to enter the relevant field, the employee is required to make an offer to the employer to benefit from the invention under favorable conditions without granting full rights before utilizing the free invention in Turkey in any other way during the employment relationship.
If the employer does not respond within three months from the date of receipt of the offer, it will lose its right of priority. If the employer accepts the offer but does not agree to the conditions stipulated, the conditions shall be determined by the court upon the request of the parties.
