IP Management in TENMAK Projects: What Does the New Regulation Introduce?

The Regulation on Intellectual and Industrial Property Rights of the Turkish Energy, Nuclear and Mining Research Institute (the “Regulation”), issued by the Turkish Energy, Nuclear and Mining Research Institute (“TENMAK”), was published in the Official Gazette dated 13 March 2026 and has entered into force.

Established in 2020, TENMAK is one of Türkiye’s leading public institutions responsible for research, development and technology generation in the fields of energy, nuclear technologies, rare earth elements and mining. The management and commercializaiton of the intellectual property rights generated within the Institution is of particular importance for companies operating in the energy, mining, advanced technology and R&D sectors.

The Regulation sets out the principles and procedures governing the ownership, protection and technology transfer processes relating to inventions, designs, works, technical know-how and similar intellectual assets generated within TENMAK.

Intellectual and Industrial Property Developed within TENMAK

According to the Regulation, intellectual and industrial property rights arising from projects carried out by TENMAK’s R&D units, outside project support programmes and without the involvement of external stakeholders will in principle vest in TENMAK. This approach indicates that, with respect to technologies developed internally, ownership is established in favour of TENMAK at the outset.

IP Ownership in TENMAK-Supported Projects

The Regulation adopts a similar approach for TENMAK-supported projects. In other words, the assumption that intellectual property generated in a TENMAK-supported project will automatically remain with the project executor or the private sector company is no longer a safe one. Unless the relevant agreement expressly provides otherwise, ownership may ultimately vest in TENMAK. Accordingly, diligent structuring of IP provisions at the project agreement stage becomes critical to preventing potential disputes at a later stage.

IP Ownership in Joint Projects

In joint projects carried out by TENMAK together with other institutions and organizations, the ownership of intellectual and industrial property will be determined in accordance with the provisions set out in the relevant cooperation protocol.

Technology Transfer and Commercialization

The Regulation goes beyond addressing the ownership of intellectual and industrial property rights and also sets out a framework for the commercialization thereof. Technologies with commercial potential may be included in TENMAK’s technology portfolio and, where appropriate, transferred by way of assignment, joint venture arrangements, or non-exclusive or exclusive licences. The transfer process is subject to an evaluation covering matters such as market potential, areas of application, cost and estimated transfer value. The Regulation also allows up to 50% of the net revenue generated through technology transfer to be distributed to eligible developers of such technologies. As such, the Regulation is designed not only to protect technologies developed in projects involving TENMAK, but also to support their commercialization through an institutional technology transfer framework.

Technology Transfer and Commercialization

The Regulation goes beyond addressing the ownership of intellectual and industrial property rights and also sets out a framework for the commercialization thereof. Technologies with commercial potential may be included in TENMAK’s technology portfolio and, where appropriate, transferred by way of assignment, joint venture arrangements, or non-exclusive or exclusive licences. The transfer process is subject to an evaluation covering matters such as market potential, areas of application, cost and estimated transfer value. The Regulation also allows up to 50% of the net revenue generated through technology transfer to be distributed to eligible developers of such technologies. As such, the Regulation is designed not only to protect technologies developed in projects involving TENMAK, but also to support their commercialization through an institutional technology transfer framework.

In this context, particular attention should be given to:

• explicit provisions on ownership, licensing and usage rights in project documentation for TENMAK-related projects;
• clarifying from the responsibilities and timelines for the notification protectable outputs developed in TENMAK-supported or joint projects;
• ensuring that technology transfer and commercialization processes for technologies owned by TENMAK are structured in alignment with the relevant project documentation.

The new framework highlights the importance of IP strategies for private sector actors working with TENMAK, receiving support from TENMAK, or developing technology jointly with TENMAK.