In general, the remuneration in Turkey to be paid to the employee for the service invention shall be calculated by multiplying the coefficients given in the table below based on the earnings obtained from the invention and the groups to which the invention belongs.
Additionally, the employer is not obliged to pay remuneration in Turkey for the amount of the income obtained from the service invention exceeding 150.000 times the net amount of the minimum wage.
The coefficients to be used in the calculation of the amount to be paid to the employee according to the groups to which the invention belongs and the earnings obtained from the invention are given in the table:
The amount of the net minimum wage of the remuneration in Turkey obtained from the service invention
Group to which the invention belongs Coefficient for the amount up to 1.000 times Coefficient for the amount between 1.000 – 5.000 times Coefficient for the amount between 5.000 – 10.000 times Coefficient for the amount between 10.000 – 25.000 times Coefficient for the amount between 25.000 – 50.000 times Coefficient for the amount between 50.000 – 100.000 times Coefficient for the amount between 100.000 – 150.000 times
Group 1 0.0060 0.0050 0.0040 0.0040 0.0030 0.0020 0.0010 0.0006
Group 2 0.0040 0.0030 0.0020 0.0020 0.0016 0.0012 0.0008 0.0005
Group 3 0.0020 0.0015 0.0015 0.0012 0.0010 0.0008 0.0006 0.0004
|Group to which the invention belongs||Coefficient for quantity up to 1.000 times||Coefficient for quantity between 1.000 – 5.000 times||Coefficient for quantity between 5.000 – 10.000 times||Coefficient for quantity between 10.000 – 25.000 times||Coefficient for quantity between 25.000 – 50.000 times||Coefficient for quantity between 50.000 – 100.000 times||Coefficient for quantity between 100.000 – 150.000 times|
According to Article 22, unless otherwise agreed in the agreement, the consideration shall be calculated by taking into account the coefficients corresponding to the multiples of the net minimum wage amount in the table in the period in which the enterprise’s earnings from the invention are recognised and shall be paid in annual periods. In case it is agreed to make payment in periods exceeding one year, the net minimum wage amount for the period in which the payment will be made shall be taken. In the event that the service invention is evaluated by granting a licence, the payment dates shall coincide with the dates of licence revenues.
It is in accordance with the provision of Article 23 that the period taken as a basis for the calculation of the remuneration in Turkey for service intention shall end with the expiry of the patent right as a rule. According to Article 138 of the Industrial Property Law No. 6769, in the event that the invalidity of the patent is claimed, the employer’s obligation to pay remuneration in Turkey for service intention will continue until the finalized decision of the judicial authority regarding the invalidity of the patent. However, if the economic effect of the patent right has been lost to the extent that the employer’s obligation to pay compensation is cancelled, the employee will not be able to claim remuneration in Turkey for service invention.