The withdrawal right of the owner in intellectual rights

The right of withdrawal is a right that provides to terminate the contract unilaterally; as a result of the person, whom the owner of the work transferred his financial rights or license, does not use this right properly within the specified period. It has been ensured that, the financial rights or licenses are returned to the owner with unilateral declaration of will, with the withdrawal right granted to the owner. According to this statement, the contractual relation is terminated by asserting the right of withdrawal once the specified basis and procedural conditions in articles are satisfied. FSEK as article 58, which regulates the right of withdrawal, is inspired by the article 41 of the German Intellectual Property Law and the provision "Right of withdrawal due to non- fulfillment." However, the right of withdrawal, which is a special reason for withdrawal in the German Intellectual Property Law and regulated in Article 42, is not included in the scope of FSEK. In this study, an examination has been made on the right of withdrawal based on non-use, which is accepted within the scope of Turkish Law. In addition, the purpose and scope of the right of withdrawal, the rights of the author authorized to use the right of withdrawal and the rights of the author, and the withdrawal on neighbouring rights are mentioned. Again, the procedure and principle conditions of withdrawal, the terms and consequences of the right of withdrawal and their differences from the concepts of withdrawal regulated in other private law fields are discussed. In the last part, a study has been made on the effect of the author's use of the right of withdrawal on the economic rights or the licensee. Investigations and proposal of model were made on the transferee's objection to the withdrawal case, the right to compensation due to withdrawal, and ideas were presented on the problems caused by the use of the right of withdrawal and its consequences for the transferee over current problems.