TURKPATENT and Its Role in IP Commercialization Prof. Dr. Habip ASAN President Turkish Patent and Trademark Office

Content General Information on Turkey & IP Statistics Recent Developments in Legislation What does TURKPATENT do?

Turkey & IP Statistics

TURKEY at a Glance 80 million population 17th largest economy Average 5% growth rate in the last 15 years, 7.4% in 2017 1.06% of GDP for R&D expenditures (Target 3% in 2023) 206 universities, almost 1,000 R&D centers

Turkey- Domestic and Foreign Applications D: Domestic F: Foreign As of today; There are 356 registered domestic GIs and 402 GI applications There are 3 GIs registered by the EU Commission and 14 applications

University originated patent applications

Recent Developments

Recent Developments Turkish Patent and Trademark Office has been appointed as ISA/IPEA for PCT applications in 2016. New IPR Law No 6769 Entered into force on January 10th, 2017 Enhance the quality of the IP system Better harmonization with the international and EU agreements Improve the institutional capacity of the Office Combine the IPR legislations in one single law instead of previous Decree Laws Establishment of IP Academy Implementing Regulations of IPR Law No 6769 Entered into force on April 24th, 2017 Implementing Regulations on Employee Inventions, University Inventions and Inventions Arising from State Funded Projects Entered into force on September 29th, 2017

New IPR Code No 6769 What has been introduced for better commercialization of IP assets? Department of Innovation and Promotion Studies on commercialization and valuation of IP assets Mediation for technology transfer Turkish Version of Bayh-Dole Act Ownership of inventions originating from universities are now given to the universities Inventions Arising from State Funded Projects Public institutions have the right to use the state funded inventions to meet their own needs without paying any royalties

Employee Inventions Service Inventions vs. Free Inventions Obligations of parties: Employee’s Obligation: to notify the invention to the employer immediately Employer’s Obligation: to apply for patent Reasonable compensation to the employee Implementing Regulations on Employee Inventions, entered into force on September 29th, 2017 Compensation tariff pertaining to employee's invention and the arbitration procedure Remuneration of employee inventions Systematic and objective assessment method: commercial applicability of the service invention, the duties and position of the employee in the enterprise, and the enterprise’s contribution to the invention

University Inventions Ownership of invention Unviersity has right to be entitled to inventions: Inventor shall notify the invention to the university University shall decide on ownership within 4 months University shall apply for patent within 6 months latest Income generated from commercialization of invention At least 1/3 of the total income shalle be transfered to the invontor(s) Legal structure IPR Law No 6769 (January 10th, 2017) Implementing Regulations on Employee Inventions, University Inventions and Inventions Arising from State Funded Projects (September 29th, 2017)

Legislation Regarding Innovation and IP Tax Incentives: Law No 6518 (2015) Similar to patent box regime Tax exemption for commercialized patents (%50) Valid for income arising from the inventions as a result of innovative activities performed in Turkey patented by TURKPATENT IP Assets as Commodity: Law No 6750 (2017) IP assets can be used for trade exchange as commodity as loan collateral Increase in financial inclusion The Scientific and Technological Research Council of Turkey-Patent Support Programme (2014) Provides support for both individuals and corporations for their patent filing activities

What does TURKPATENT do?

Technology Transfer Platform Online platform for investors and inventors Licensing & Transferring In & Out Technology partners Publications www.teknolojitransferi.gov.tr

IP Awareness Raising Activities Training activities Custom modules for different target audiences IP Academy Established with the new IP law in 2017 LL.M. Program with WIPO since 2016 at Ankara University Projects with primary and high schools, ‘Patent Workshop’ Organizing local IP award ceremonies TURKPATENT Awards Implementing special projects for SMEs Hezarfen VIP4SMEs

University Focused IP Awareness Raising Activities ‘Disseminating IP Knowledge in Universities Project’ with the EPO Steering Committee: 117 universities 39 universities visited in 2017, reaching more than 1500 people Co-operation with certain universities on patent search outsourcing services 5 university 40 academician ‘Patentle Türkiye’ (invention competition through patent applications by university students) 585 applications 100+ different univirsities

Turkish IP Valuation and Commercialization Inc. One of the first examples of an incorporation established by a national IP Office, 100% funded by TURKPATENT Established for valuation and commercialization of IP assets With $ 30M capital http://www.turksmd.com.tr/ Aims: To determine the value of IP for commercialization purposes To report for ‘freedom to operate’ To consult for tech transfer To consult for IP portfolio management

Turkish Patent and Trademark Office THANK YOU. . . Prof. Dr. Habip ASAN President Turkish Patent and Trademark Office habip.asan@turkpatent.gov.tr www.turkpatent.gov.tr