Laws on the protection of trade secrets in Turkey

Although Turkey has made significant progress in building a conducive business environment, the protection of trade secrets remains a major challenge. Unfair competition, especially in traditional and emerging industries, has led to competition at all costs, including infringement of intellectual property rights. Behaviors such as copying products, stealing ideas, and disclosing confidential information occur frequently, causing serious damage to businesses. Besides, the leakage of internal information, especially through online channels, is also a major concern. Small and medium-sized businesses, which have limited resources, are often the most vulnerable. To solve these problems, businesses need to proactively build information security systems, raise awareness of business secret protection for employees, and actively participate in cooperative activities to share experience and knowledge. Viet An Law would like to guide customers on how to protect trade secrets in Turkey through the article below.

Laws on the protection of trade secrets in Turkey

Turkey currently does not have a specific law on the protection of trade secrets. Instead, the ownership of trade secrets is indirectly protected through the general provisions of civil law. Specifically, Article 17 of the Turkish Constitution recognizes the right of each individual to protect his or her physical and spiritual existence, including the right to protect trade secrets.

The Civil Code also provides a legal basis for the protection of trade secrets through the provision of personal rights. Accordingly, the owner of a trade secret can request the court to prevent the infringement of his rights.

However, the most comprehensive protection for trade secrets comes from the Commercial Code, especially the provisions on unfair competition. The disclosure of trade secrets is considered unfair competition and will be dealt with severely.

In addition, other laws such as the Code of Obligations and the Labor Law also have provisions related to the protection of business secrets, especially in contractual relationships.

In conclusion, although there is no specific law, the protection of trade secrets in Turkey is still ensured through a system of various legal provisions. However, law enforcement and raising public awareness of the importance of protecting trade secrets are still issues that need attention.

Legal Acts of Infringement of Trade Secrets in Turkey

Although Turkey does not yet have a separate law on the protection of trade secrets, infringements of this right are still strictly prohibited and handled based on the general provisions of civil and commercial law. Here are some common practices that are considered to be infringing on trade secrets in Turkey:

• Disclosure of Confidential Information:
  • Intentionally or unknowingly disclosing important business information to outsiders without the owner’s permission.
  • Share confidential information with competitors.
  • Using confidential information to create an unfair competitive advantage.
• Unauthorized copying:
  • Copying a product, formula, design, or any other intellectual property of a business without permission.
  • Create similar products or services based on competitors’ confidential information.
• Unfair competition:
  • Using dishonest tactics to collect confidential information of competitors, such as bribery, fraud, or unauthorized intrusion into computer systems.
  • Damaging a competitor’s reputation or product by spreading false rumors or misleading information.
• Breach of contract:
  • Violation of confidentiality clauses in labor contracts, cooperation contracts or other types of contracts.
  • Use confidential information obtained during the performance of a contract for personal or third-party purposes.

Exceptions

Besides, there are still some exceptions where information is not protected under the definition of trade secret. This is to ensure a balance between intellectual property rights and other public interests. Here are some common exceptions:

• Information has become public:
  • If the information is already widely available or easily accessible, it loses its confidentiality and is no longer protected.
  • For example, information has been published in public documents, company reports, or has been presented at conferences.
• Independent Development Information:
  • If another person develops a similar information independently, not based on another person’s confidential information, then he or she has the right to use that information without infringing intellectual property rights.
• Information belonging to the public sector:
  • Information related to the public interest, such as information about food safety, the environment, or other social issues, is generally not protected in the name of trade secrets.
• Information that has expired protection:
  • The time to protect trade secrets is usually not indefinite. After a certain period of time, the information may lose its protection.

A Guide to Protecting Trade Secrets in Italy

To effectively protect business secrets, businesses need to combine many different measures, from building internal systems to complying with legal regulations. Here are some effective trade secret protection measures:

Build a security management system

• Decentralize access: Give access to information only to people who are really necessary and directly related to the job.
• Use strong passwords: Apply complex, hard-to-guess passwords and change passwords periodically.
• Data encryption: Encrypt sensitive data to prevent unauthorized access.
• Restrict physical access: Strictly control access to the area containing confidential information.
• Back up data: Regularly back up your data and store it in secure locations.

Sign confidentiality agreements

• Employment contracts: Confidentiality clauses in employment contracts are very important to have.
• Contracts with partners: Contracts with partners, suppliers, and consultants should have clear confidentiality clauses.
• Non-disclosure agreements (NDAs): NDAs are an effective tool for protecting trade secrets.

Employee Training

• Organize training courses: Raise employee awareness of the importance of information security.
• Build a culture of security: Create a work environment where information security is considered the responsibility of each individual.

Information protection in the digital environment

• Use antivirus software: Protect your computer from threats from viruses and malware.
• Update your software regularly: Make sure that the software you’re using is always up to date with the latest patches.
• Build firewalls: Block attacks from the outside.
• Network Activity Monitoring: Monitor unusual activities on the network.

Protect information in physical form

• Install the camera system: Monitor important and high-traffic areas.
• Access Control: Use magnetic cards, fingerprints to control access to restricted areas.
• Document Protection: Store important documents in a safe, locked place.