Trade Secrets
"How are trade secrets protected under Turkish law?"
Quick Answer
Trade secrets are primarily protected through the Turkish Commercial Code unfair competition rules and general civil law principles. In practice, protection depends on showing that the information is confidential, has commercial value, and that reasonable steps were taken to keep it secret (such as access controls and NDAs).
IP Protection in Turkey
Trade secrets are primarily protected through the Turkish Commercial Code unfair competition rules and general civil law principles. In practice, protection depends on showing that the information is confidential, has commercial value, and that reasonable steps were taken to keep it secret (such as access controls and NDAs).
Key Points to Remember
- Trade secrets are not registered rights, protection depends on confidentiality measures and proof
- Unfair competition rules can be used against misappropriation, disclosure, and dishonest acquisition
- Contracts matter: NDAs, IP assignment clauses, and post-employment confidentiality obligations reduce risk
- Fast action is critical: evidence preservation and interim measures may be needed to stop disclosure and limit damages
Strategic Considerations
Unlike patents or trademarks, trade secrets are protected without registration. The focus is operational and contractual: classify confidential information, restrict access on a need-to-know basis, mark documents, and use NDAs and clear ownership clauses with employees, suppliers, and distributors.
For cross-border structures, align confidentiality obligations across group companies and ensure Turkish law compliant clauses in employment and commercial contracts. If the risk is high, consider additional safeguards such as escrow, staged disclosure, and audit rights in supply or collaboration agreements.
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