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Article 73 - Ownership in service relationships and in other work relationships

Turkish Industrial Property Code (Law No. 6769)
Article 73

Ownership in service relationships and in other work relationships


Article 73

(1) Unless otherwise agreed upon due to special contracts made between parties or because of the nature of work, right owners of designs that are made by employees’ due to their obligations in a business organization or right owner of designs that are performed by employees based on experiences and operations of business organization shall be the employer.
(2) The right owner of designs that are carried out by employees outside the scope of the first paragraph by means of benefitting from information and tools related to general activity in their business organization shall be the employer, upon request.
(3) The provisions regarding employees’ designs shall also be applied to designs of students as well as designs of interns rendering service free of charge without subjecting to a certain time and designs carried out by instructors specified in subparagraph (l) of first paragraph of Article 3 of Higher Education Law dated 4/11/1981 numbered 2547 as a result of scientific studies or researches.
(4) In the designs made in the frame of an employment contract not covered by the scope of a service relationship, the right owner shall be determined in the frame of provisions of the contract concluded between the parties.


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