TÜRKIYE Law and Practice Contributed by: Meltem Manav and Yeşim Kumova, KM Legal
For unregistered designs, unfair competition provi- sions may additionally apply where imitation creates confusion or unfair advantage. 4.5 Functionality and Technical Features A design need not be functional or aesthetic. How- ever, only appearance features fall within protection. Elements such as smell, sound or taste, and product functions, are excluded. Features solely dictated by technical function are not protectable. If only part of a product is technically dictated, the rest may still be protected. Exclusion applies only where all features are functional. This is assessed by whether or not aesthetic considerations were involved in the design process. Modular designs allowing multiple connections (eg, jigsaw puzzles) are protectable. Partial refusals may be issued for specific elements, provided the remain- ing parts meet protection criteria. Technical-function objections are not examined ex officio but may be assessed upon third-party objec- tions. Turkish law does not provide a single, dedicated stat- ute for trade secrets. Protection arises from a frag- mented framework, including the TCO, the unfair competition provisions of the TCC, the TPC, and sector-specific rules. A Draft Law published on 8 April 2026 aims to establish a unified regime aligned with Article 39 of the TRIPS Agreement and the EU Trade Secrets Directive 2016/943. Both technical and commercial information may qualify as trade secrets, including know-how such as processes, formulae, R&D and business data, namely customer lists, pricing and strategy. Protec- tion depends on cumulative criteria: • the information must have commercial value; 5. Trade Secrets 5.1 Legal Framework and Protectable Information
• it must not be generally known or readily acces- sible; • it must be intended to remain confidential; and • it must confer a competitive advantage by virtue of its secrecy. 5.2 Reasonable Measures and Confidentiality The maintenance of trade secret protection in Türkiye is largely contract-driven. The primary safeguard is the employment agreement, typically reinforced by non-disclosure agreements with employees and third parties. Although employees are already bound by a statutory duty of confidentiality under Article 396/4 of the TCO, contractual provisions often strengthen this through deterrents such as liquidated damages or penalty clauses. Disclosure to employees or third parties does not defeat protection, provided access is limited on a need-to-know basis and confidentiality obligations are clearly imposed. Controlled third-party disclosure under NDAs is permissible, and post-ter- mination non-compete clauses are key to preventing misuse, particularly in employee and supplier mobility contexts. 5.3 Misappropriation of Trade Secrets Misappropriation of trade secrets arises from their unlawful acquisition, use or disclosure, including through theft, bribery, breach of confidence, abuse of trust, or inducement of employees or agents to disclose confidential information. Unauthorised exploitation or dissemination of such information, or appropriation of another’s business outputs, typically constitutes unfair competition. Disputes are primarily addressed under the unfair competition provisions, allowing actions for deter- mination, cessation, prevention, removal of effects and damages. Where contractual confidentiality is breached, claims may also be brought under the general provisions. Employees’ duties arise both by law and contract, and breaches may lead to liability. Employee, joint venture and competitor disputes are assessed within this fragmented framework. In some cases, disclosure of trade secrets may also trigger criminal liability under TPC and unfair competition clauses.
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