NEWSLETTER-2020-metin

391 INTELLECTUAL PROPERTY LAW Aside from employment contracts, parties may also disclose their trade secrets during the performance of commercial contracts. These contracts may be cooperation or franchise contracts, where quite a lot of trade secrets are disclosed, or they may be in a sale and purchase contract where a few trade secrets are disclosed. In any case, it is im- portant to designate a duty of confidentiality that covers a large scope in commercial contracts. The first issue to pay attention to while draft- ing a duty of confidentiality to a commercial contract is to include a broad definition of trade secrets. Additionally, provisions on extending the confidentiality duty to employees, authorized representatives and advisors of the parties, transfer of trade secrets to employees, autho- rized representatives and advisors of the parties, on a “need-to-know” basis, and the requirement to obtain a confidentiality undertaking from the employees, authorized representatives or advisors, may be added to the contracts. Legal Remedies for Trade Secret Infringement In accordance with Article 56 of the TCC, if a person (or a real entity), whose customers, credit, reputation, commercial activities or other economic benefits, is harmed, or encounters danger due to unfair competition, the following lawsuits may be pursued: Declaratory Action : Declaratory action may be initiated to de- termine whether the duty of protection of the trade secrets has been violated; Action on Prevention of Unfair Competition : In the case of an illegal disclosure of trade secrets, a lawsuit to prevent unfair competi- tion violation may be filed; Action to Eliminate the Circumstances that have arisen in Con- sequence of Unfair Competition : If there are concrete circumstances in consequence of the illegal disclosure of trade secrets, a lawsuit to eliminate such circumstances may be filed. If the infringement is in- escapable, destruction of means and goods that are effectively used to unfairly compete, may also be requested; Claim for Pecuniary Compensation : The person who incurred losses due to violation of his/her trade secrets may file a claim for pe-