Dispute resolution in Turkey
The Law and the Regulation adopt the arbitration procedure for the settlement of dispute in Turkey on this matter. According to Article 24 of the Regulation, if the employee and the employer cannot agree on the amount and method of payment of the fee to be paid according to the provisions of the Regulation within two months from the date of grant of the patent or utility model if the employer has made a full right claim on the service invention, or within two months from the date the employer starts to benefit from the invention if the employer has made a partial right claim, the dispute in Turkey must be resolved through arbitration within the scope of the calculations in the regulation.
In this regard, the provisions of the Code of Civil Procedure No. 6100 regarding arbitration shall apply without the requirement of a written arbitration agreement. In disputes with a foreign element, the International Arbitration Law No. 4686 shall apply.
Again, in the event that the labour relationship of the employee and the employer is terminated before the patent or utility model is granted, the provisions of Law No. 6100 and Law No. 4686 will be applied to resolve disputes over the amount and method of payment of the fee to be paid according to the provisions of the regulation.
In disputes arising between the employee and the employer and between the employees themselves, other than the amount and method of payment of the remuneration to be paid, it is also necessary to apply to arbitration in accordance with the provisions of the regulation.
It is also possible for the parties to resolve the dispute in Turkey within the scope of the Law No. 6325 on Mediation in Civil Disputes before applying for arbitration.
