NEWSLETTER-2020-metin

392 NEWSLETTER 2020 cuniary compensation. In order to file a claim for pecuniary compen- sation, the trade secret infringer should have acted in a faulty manner, and the trade secret holder should have suffered a loss; Claim for Non-pecuniary Compensation : Provided that the con- ditions set forth under Article 58 of the TCO are satisfied, the trade secret holder may also file a claim for non-pecuniary compensation. The statute of limitations of the lawsuits related to unfair compe- tition are designated under Article 60 of the TCC. Accordingly, a trade secret holder shall file a lawsuit within one year from learning of the infringement, and within three years as of the date of infringement. Conclusion Although Turkish law does not define trade secrets, in accordance with the TRIPS and Court of Cassation precedents, trade secrets are the information that (i) are not generally known or readily accessible in the relevant business circles and public, (ii) has commercial value due to secrecy, and (iii) is protected by reasonable precautions. Apart from the special regulations related to specific sectors, trade secrets are protected by the provisions on unfair competition. Pursuant to Article 54 of the TCC, any deceptive actions, or actions in bad faith that affect the relations between the competitors or the suppliers and customers, shall be deemed unfair and illegal. Illegal disclosure of trade secrets, i.e. trade secret infringement, is regulated as an example of unfair competition. In order to prevent trade secret infringement, designating comprehensive contractual obligations as to duty of confidentiality in both employment and commercial contracts should be pursued, such as including confidentiality clauses, non-compete covenants, and clauses on obtaining undertakings from the persons to whom trade secrets are transferred on a “need-to-know” basis. In the case of trade secret infringement, a declaratory action, action on prevention of unfair competition, action to eliminate the circumstances that have arisen in consequence of the unfair competition, and provided that the required conditions are satisfied, a claim for pecuniary and non-pecuniary dam- ages may be initiated before the Turkish courts.