Trade secret and know-how protect valuable undisclosed information. It does not require registration.
Definition of Trade Secret
- Keeped as a secret
- Disclosure causing economic damage
- Protected by the owner
- Generally unknown
Methods of Protection
- NDA (Non-Disclosure Agreement)
- Confidentiality clause in the employee contract
- Access limitation
- Encryption
- Physical security
In Case of Breach
- Compensation arising from the contract
- Unfair competition (TTK art.55)
- Criminal liability (TCK art.239 - disclosure of private secret)
- Injunction (preventing leakage)
Employee Leak
- Employee's obligation of confidentiality is derived from the employment contract
- Non-competition clause after employment
- Written contract + reasonable time + geographical limit
TCK Article 239 Criminal Liability
- If the person who knows the trade secret discloses it: 1-3 years imprisonment
- If it is disclosed to a foreigner: additional penalty
Supreme Court 11. HD
11. HD accepts that proof of "preservation of the secret" is important in trade secret violations and that a mere allegation is not sufficient.
Practical Recommendations
- Limit access to important information
- Have employees sign an NDA
- Close the accounts of the departed employee
- Suspicion of violation → legal action immediately process
Intellectual property lawyer recommended.