1. Prof. Dr. Habip ASAN President Turkish Patent and Trademark Office
Ideas to Assets: Driving the Future Economy with Intellectual Property

2. Content General Overview Legislation Regarding IP Assets
Recent Developments
What TURKPATENT Does?

3. Turkey – Overview 80 million population $857.7 billion GDP
17th largest economy
Average 5% growth rate in the last 15 years
1.06% of GDP for R&D expenditures (Target 3% in 2023)
183 universities, more than 600 R&D centers
123,000 R&D staff (FTE)
Party to WTO and TRIPs since 1995
Party to EPC since 2000

4. Turkey – Rankings in IPR & Innovation
World Intellectual Property Indicators 2015
9th in terms of resident IP filing activity by origin
11th in terms of total (resident and abroad) IP filing activity
Global Innovation Index 2017
65th in 2011, 43rd in 2017
5th among the upper middle income countries
9th in the whole world in terms of the efficiency ratio

5. Turkey – National Applications

6. Legislation Regarding IP Assets
R&D Incentives: Law No 5746 (2008)
Incentives for R&D centers: expenditures, staff and equipment
Tax Incentives: Law No 6518 (2015)
Similar to patent box regime
Tax exemption for commercialized patents
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
Law No 5746 brings about a significant support for R&D centers, for their equipment purchases and the expenditures for qualified R&D staff
In addition to previous laws for supporting R&D directly, with Law No 6518:
Invention arising as a result of R&D, innovation and software activities realised in Turkey and is patented or utility model certified
Licence, patent, adaptation, development, revision, deployment and plug-in derived from the software or products developed as a result of the research and development activities in technology development zones

7. 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

8. New IPR Law No 6769 Ownership of inventions by the universities:
What has been introduced for better commercialization of IP assets?
Department of Innovation and Promotion
Valuation of IP assets
Mediation for technology transfer and commercialization of IP assets
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
Ownership of inventions by the universities:
Strengthening the university/TTOs as an IP owner
increase the probability of commercialization with the help of the higher potential of TTOs to meet the industry
mitigating the workload of the academician

9. University Innovation Cycle
Invention
Obligation of notification to the university
Demand for ownership by the unviersity
Patent application
Commercialization of the invention by the university
Income generated by the invention
Academician
Ownership of inventions by the universities:
Strengthening the university/TTOs as an IP owner
increase the probability of commercialization with the help of the higher potential of TTOs to meet the industry
mitigating the workload of the academician

10. Employee Inventions Service Inventions vs. Free Inventions
Obligations of parties:
Employee’s Obligation: to notify the invention to his 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
Service Inventions; an invention made during the term of employment
resulted from the employee’s tasks or
essentially based upon the experience or activities of the enterprise
Free invention; an invention which is not service invention

11. What TURKPATENT Does? Technology Transfer Platform
Online platform for investors and inventors
Licensing & Transferring In & Out
Technology partners
Publications
Similar to Asia Intellectual Property Exchange (AsiaIPEX)
As a result of the Decrees of Supreme Council for Science and Technology, Technology Transfer Platform was enacted as of February 2015 by TurkPatent. It is a free service to provide an environment to match the inventors and the investors. You can both offer your patents and designs to be licensed and look for patent holders for your projects. There are more than 1000 licensing offers and more than 700 technology partners as of today

12. What TURKPATENT Does? Cooperation with BIST (Istanbul Stock Exchange)
IP exchange market under BIST
To enhance the investment and liquidity
opportunities without going public
Over-the-counter negotiation platform for
the seller and the buyer
Technology offers & demands
Secure “interview rooms”

13. What TURKPATENT Does? A Draft Project: IPRs as Intangibles in the
Accounting Records

14. THANK YOU!