NEWSLETTER-2020-metin

388 NEWSLETTER 2020 Legal Framework for Trade Secret Protection There is no specific law that regulates trade secret protection un- der Turkish law, but it is rather protected by the provisions on unfair competition set forth under Turkish Commercial Code numbered 6102 (“TCC ”) or by the provisions of special regulations, such as the Bank- ing Law or Electronic Communications Law. Unfair Competition Rules Trade secrets are protected by unfair competition rules regulated under the TCC. As per Article 54 of the TCC, “ Commercial applica- tions and actions affecting the relations between the competitors or the suppliers and customers, which are deceptive or contrary to the good faith principle, are unfair and illegal. ” In plain wording, it may be defined as abusing commercial competition by acting contrary to good faith, or by any other means 2 . For the existence of unfair com- petition, there is no need for the offender to gain benefit or to be faulty, or the sufferer to be damaged 3 . Article 55 of the TCC continues with examples that constitute unfair competition, which are not listed in a numerus clausus way. As per Article 55(b)(3) of the TCC, “ To cause violation or termination of a contract by enticing the employees, proxies, and other support- ing personnel to disclose or take possession of the production and business secrets of their employers or principals ,” constitutes unfair competition. For instance, if an employee discloses the trade secrets s/he acquired while in the conduct of his/her duties to third parties in exchange for money, such action of the third party learning the trade secret shall cause unfair competition as designated under Article 55/1(b)(3) of the TCC 4 . www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_panorama_4_learn- ing_points.pdf (Access date: 15.12.2020). 2 Ballı, Mehmet : “Türk Ticaret Kanunu’na Göre Haksız Rekabet Kavramı ve Unsurları,” Gümrük ve Ticaret Dergisi, No. 5, 2015, p. 65. (Poyraz, Ercan, Ticaret Hukuku, 2011, p. 111), https://dergipark.org.tr/tr/download/article-file/1020189 3 Nomer Ertan, Füsun : Yürürlüğünün 7. Yılında ve Yargıtay Kararları Işığında Türk Ticaret Kanunu Sempozyumu III, Haksız Rekabet, On İki Levha Yayıncılık, January, 2020, p. 22. 4 Bağrıaçık, Safiye Nur : Üretim ve İş Sırlarının Korunması. On İki Levha