NEWSLETTER-2020-metin

389 INTELLECTUAL PROPERTY LAW As per Article 55/1(d), “The person, who illegally discloses pro- duction and business secrets and, especially, who reviews or informs others of the business secrets and the information s/he acquired in secret and without permission, or in any other illegal way, is deemed to have acted contrary to good faith.” Accordingly, reviewing or con- veying to others trade secrets that are illegally acquired, or illegally disclosing the trade secrets, which have legally been acquired, shall constitute as unfair competition, and gaining economic benefits from such acts is not a requirement 5 . Special Regulations Although there is no specific law regulating the protection of trade secrets, provisions on the protection of trade secrets exist in various special regulations. For instance, as per Article 6(1)(h) of the Electronic Communications Act, the Information Technologies and Communications Authority is obliged to protect the secrecy of trade secrets, investment and business plans of entities and preserve them, except for requests by judicial authorities. Similarly, pursuant to Ar- ticle 25(4) of the Act on Protection of Competition numbered 4054, “ Members of the Competition Committee and its personnel shall not disclose or use for their own or third parties,’ benefits of the secret in- formation related to the Competition Authority and the trade secrets of the entities or entity unions, which they have learnt during the imple- mentation of this Act, even after the termination of their recruitment. ” On the other hand, there is a draft law titled Draft Law on Trade Secrets, Banking Secrets and Customer Secrets that has been before the Justice Commission since 25.10.2011; however, it is not yet codi- fied. In this draft law, a trade secret is defined as “ Information and documents on the company’s internal structure and organization, financial and economic situation, credit and cash flow, research and development activities, pricing strategy, raw material resources, technical properties of production, pricing policies, marketing strate- Yayıncılık, December 2017, p. 109, https://www.lexpera.com.tr/literatur/ kitaplar/1-turk-ticaret-kanunu-nda-m-55-b-3-e-gore-uretim-ve-is-sirrinin-korun- masi-978-605-152-644-7/1 (Access date: 15.12.2020). 5 Sulu, Muhammed : Ticari Sırların Korunması. On İki Levha Yayıncılık, January, 2017, p. 55.