Article 121
(1) The provisions regarding workers’ invention shall be applied to the inventions made in consequences of scientific studies and researches conducted in higher education institutions which are defined in subparagraph (c) of paragraph 1 of Article 3 of the Law numbered 2547; and in higher education institutions connected to Ministry of National Defence and Ministry of Interior, without the prejudice to the provisions of special law and the regulations within the context of this article.
(2) When an invention is made in consequences of scientific studies and researches conducted in higher education institutions; the inventor shall be obliged to notify their invention in written to the higher education institution without a delay. If a patent application is filed, a notification shall be made to the higher education institution regarding the patent application.
(3) In case the higher education institution claims rights on the invention, they shall be obliged to make a patent application. Otherwise, the invention acquires the qualifications of an independent invention.
(4) In contrast to the higher education institution’s claim of rights; the inventor can make an objection alleging that the invention is an independent invention. The objection is concluded by the higher education institution also specifying the written grounds. Otherwise, the invention acquires the qualifications of an independent invention.
(5) The articles 115, 116, 118 and paragraph 4 of article 119 shall not be applied to the inventions made in higher education institution.
(6) If the higher education institution wishes to renounce the application or the patent right; or the invention acquires the qualifications of an independent invention after a patent application; the higher education institution, first, offers the inventor to take over the application or the patent right. In case the inventor considers the offer, the rights shall be transferred. In this case, the higher education institution delivers the required documents to obtain and protect a patent to the inventor. In case of the higher education institution transferring the application or patent right to the inventor; a non-monopolized tenancy can be reserved for a decent fee. In case the inventor refuses the offer, the patent application or the power of disposition on the patent will belong to the higher education institution.
(7) If the higher education institution causes any loss of application process or patent right inflicting from a fault of their own, they shall be obliged to cover the inventor’s sustained loss.
(8) Sharing form of the revenue earned from the invention between the higher education institution and the inventor shall be determined by means of at least one third of the revenue to be paid to the inventor. The higher education institution’s share of the revenue will be registered in the budget of the higher education institution as the equity revenue; and will be used for covering the needs, particularly scientific researches of the higher education institution.
(9) In determining the right ownership on the inventions generated in the consequences of the studies performed within the context of a specific agreement between the instructors defined in the subparagraph (b) of paragraph 1 of Article 3 of the Law number 2547 along with interns and students; and other public institutes or private organizations; the provisions of the agreement will be based on without prejudice to the provisions of other laws.
(10) Procedure and rules regarding implementation of this article shall be determined by a regulation.