The Regulation on Intellectual and Industrial Property Rights of the Turkish Energy, Nuclear and Mining Research Authority (“Regulation”), published in the Official Gazette dated 13 March 2026 and numbered 33195, entered into force on the date of its publication.
The Regulation sets forth the procedures and principles regarding the management of the intellectual and industrial products and rights of the Turkish Energy, Nuclear and Mining Research Authority, the protection of these rights, and the transfer of the technologies subject thereto.
The Regulation covers the intellectual and industrial products, related rights and technologies that fall within the scope of the Authority’s duties, in which the Authority is the right holder or co-owner, or which are notified to the Authority for the purposes of protection or commercialization.
The key provisions introduced by the Regulation are summarized below:
- It has been stipulated that the rights over intellectual and industrial products arising from projects or other R&D activities carried out by the R&D units of the Authority shall belong to the Authority. Such products shall be notified to the Authority by means of a notification form no later than fifteen (15) business days.
- It has been set forth that notifications regarding intellectual and industrial products shall be examined by the Intellectual and Industrial Property Rights Unit and that the decision on whether to grant protection shall be rendered by the President. The procedures and principles regarding the protection of strategically significant products abroad have also been determined.
- It has been envisaged that intellectual and industrial products with potential for commercialization shall be included in the technology portfolio. The procedures and principles regarding assessment, analysis, monitoring, licensing and contractual processes relating to technology transfer have been regulated.
- Technology transfer may be carried out through assignment, establishment of partnership, non-exclusive license or exclusive license, by means of a public announcement or an invitation procedure, and in cases requiring confidentiality, the invitation procedure shall be adopted.
- The possibility of distributing up to fifty percent of the net income derived from the economic exploitation or technology transfer of intellectual and industrial products to the respective developers has been introduced. Upper limits based on the minimum wage have been set forth with respect to the distributable income amount.
- Persons involved in processes relating to intellectual and industrial products have been made subject to ethical rules. The confidentiality of the relevant information and documents has been made mandatory until the filing of the registration application.
You may access the full text of the Regulation via this link. (only in Turkish)
