Payment to the Employee who has an Invention
"The Regulation on Employee Inventions, Inventions Made at High Education Institutions and Inventions Emerging out of Public-Sponsored Projects" came in force by being published on the Official Gazette.
Payment to the Employee who has an Invention
"The Regulation on Employee Inventions, Inventions Made at High Education Institutions and Inventions Emerging out of Public-Sponsored Projects", which was drawn up by Turkish Patent and Trademark Office, came in force by being published on the Official Gazette.
The Regulation sets out remuneration tariff regarding employee inventions, procedures for arbitration to be pursued in case of disputes, as well as procedures and principles in relation to the inventions made at higher education institutions and the inventions emerging out of the projects sponsored by public institutions and organizations.
According to this regulation, when employees make service invention, they will inform the employer of this invention in writing and without delay. And the employer will record this invention. Those employees who do not give such information will be liable for the damages to arise to the detriment of the employer. In case a patent application is made without informing the employer, the applicant may be sued.
The employer will be able to make a claim for full or partial rights pertaining to the service invention. In case the employer makes a claim for full rights, all rights pertaining to the invention will have transferred to the employer by the date on which the notification is received by the employee. In such a case, the employee will be able to ask for a remuneration from the employer in consideration of the latter's utilization of the invention. If the employer claims full rights, then he/she will also give encouragement reward within 2 months to the person who made the invention. Encouragement reward will not be less than the net minimum wage amount. The employer will also be able to make a partial claim in order to use the invention. In this case, the service invention will acquire the quality of free invention. The employer will be able to use the invention based on the partial right.
In determining the remuneration regarding the invention, the employee's job at the enterprise as well as the contribution of the enterprise for realization of the service invention will be taken into account. If the parties cannot agree, the dispute will be solved by arbitration.
MINIMUM WAGE WILL BE TAKEN AS BASIS
The remuneration to be paid to the employees of public institutions and organizations will not be less than one third of the net revenue earned from the invention. However, in case the subject of the invention is used by the public institutions and organization itself, it will not be more than 10 times the net wage paid to the employee for the month on which the remuneration is paid, provided that it is paid for only once. The net revenue earned out of the invention will be calculated by deducting all kinds of expenses made for the work in which the invention was realized, from the revenue obtained from the invention.
The revenue to be earned by the employee from the invention shall be obtained by multiplying the income provided from the invention by the coefficient which is included in the regulation. The regulation sets the coefficient according to how many times the minimum wage the said income is. Accordingly, different coefficients until one thousand or 150 thousand times the minimum wage will be taken as basis.
With regard to the revenue earned from the invention, the employer will not be obliged to pay remuneration for the amount in excess of 150 thousand times the minimum wage amount.
Source: AA
The Regulation sets out remuneration tariff regarding employee inventions, procedures for arbitration to be pursued in case of disputes, as well as procedures and principles in relation to the inventions made at higher education institutions and the inventions emerging out of the projects sponsored by public institutions and organizations.
According to this regulation, when employees make service invention, they will inform the employer of this invention in writing and without delay. And the employer will record this invention. Those employees who do not give such information will be liable for the damages to arise to the detriment of the employer. In case a patent application is made without informing the employer, the applicant may be sued.
The employer will be able to make a claim for full or partial rights pertaining to the service invention. In case the employer makes a claim for full rights, all rights pertaining to the invention will have transferred to the employer by the date on which the notification is received by the employee. In such a case, the employee will be able to ask for a remuneration from the employer in consideration of the latter's utilization of the invention. If the employer claims full rights, then he/she will also give encouragement reward within 2 months to the person who made the invention. Encouragement reward will not be less than the net minimum wage amount. The employer will also be able to make a partial claim in order to use the invention. In this case, the service invention will acquire the quality of free invention. The employer will be able to use the invention based on the partial right.
In determining the remuneration regarding the invention, the employee's job at the enterprise as well as the contribution of the enterprise for realization of the service invention will be taken into account. If the parties cannot agree, the dispute will be solved by arbitration.
MINIMUM WAGE WILL BE TAKEN AS BASIS
The remuneration to be paid to the employees of public institutions and organizations will not be less than one third of the net revenue earned from the invention. However, in case the subject of the invention is used by the public institutions and organization itself, it will not be more than 10 times the net wage paid to the employee for the month on which the remuneration is paid, provided that it is paid for only once. The net revenue earned out of the invention will be calculated by deducting all kinds of expenses made for the work in which the invention was realized, from the revenue obtained from the invention.
The revenue to be earned by the employee from the invention shall be obtained by multiplying the income provided from the invention by the coefficient which is included in the regulation. The regulation sets the coefficient according to how many times the minimum wage the said income is. Accordingly, different coefficients until one thousand or 150 thousand times the minimum wage will be taken as basis.
With regard to the revenue earned from the invention, the employer will not be obliged to pay remuneration for the amount in excess of 150 thousand times the minimum wage amount.
Source: AA