Employees' inventions based on private law relationship

In accordance with the principle of true inventor adopted in the meaning of patent law, the mutual interests of the employee who has gained the title of the inventor and the employer providing the necessary opportunities for invention to be made and the rights and obligations in this context are subject of research related to many fields, especially intellectual property law and labor law. The establishment of the "employees' inventions" regulated under Articles 113 to 122 of Industrial Property Code (IPC), unlike Decree-Law No.551 on the Protection of Patent Rights, is organized under a single section, mainly within the framework of the rights and obligations of the employee and employer; the concept of "employee", which expresses one of the subjects of the mentioned institution, is defined by IPC 2/1-d. The provisions regarding the employees' inventions, except for the provisions of IPC 121 for inventions made in higher education institutions and IPC 122 for inventions made in publicly funded projects, while being integrated in their entirety, have been brought to legal basis in accordance with the abolished provisions of PatKHK and the referred provisions of GüA. Although fundamentally abided by the aforementioned regulations, it is worth noting that the IPC is worth examining in the sense of especially the conscious choice of the concept of "employee" rather than the concept of "worker" and the changes in terms of the consequences of employee and employer's rights and obligations. On the other hand, "The Regulation on Employee Inventions, Inventions in Higher Education Institutions and Inventions in Public Supported Projects" entered into force on 29.09.2017. In this study, the original provisions of the IPC and the regulations that may cause problems in terms of their results are pointed out and a detailed assessment is tried to be made on the basis of the law that is and should be comparing the German law and abolished PatKHK when necessary.