The "Draft Law on the Protection of Trade Secrets" ("Draft Law") has been published on the official website of the Ministry of Trade of Türkiye.
What Happened? As is known, rather than relying on patent or other intellectual and industrial property rights, some companies consciously keep certain information confidential under the scope of "trade secrets" to protect it.
The reasons for this choice include factors such as mechanisms like patents providing only time-limited protection, requiring public disclosure, and entailing high costs and bureaucratic burdens.
Even though companies strive to protect this information on their own, there has been no standalone regulation dedicated specifically to trade secrets in our country until now.
To address this gap, the Ministry of Trade of Türkiye has prepared the relevant Draft Law and opened it up for public consultation.
What Does the Draft Law Introduce? The Draft Law introduces significant innovations and sanctions, particularly to safeguard corporate trade secrets. Should the draft be enacted as is, the key highlights will be as follows:
The Obligation to Take "Reasonable Measures": The draft clearly outlines the boundaries of what constitutes a trade secret. For information to benefit from legal protection as a trade secret, merely being confidential and holding commercial value will not be sufficient. At the same time, company management must have taken the necessary precautions using reasonable methods (e.g., non-disclosure agreements, cybersecurity encryption, etc.) to keep the information confidential.
Up to 5 Years in Prison and Heavy Sanctions: Severe sanctions (up to 5 years of imprisonment) are on the horizon for individuals who unlawfully acquire, use, or disclose trade secrets (e.g., through unauthorized cyber access, theft, or the breach of a non-disclosure obligation).
The "Unjust Enrichment" Criterion in Compensation: Companies whose trade secrets are stolen will be able to claim not only their loss of profits but also the disgorgement of profits made by the infringer due to this unlawful use.
Rapid Intervention and Seizure of Goods (Interim Injunctions): In the event of a threat of infringement, companies will be able to request much faster and sharper measures from the courts. Courts will have the power to halt the production, supply to the market, import, and export of the infringing goods, and directly order the seizure of products in the market as well as digital data.
Lawful Acquisition and Use of Trade Secrets: The analysis, testing, or dismantling (reverse engineering) of a good or service that has been lawfully placed on the market, as well as independent discoveries, are accepted as lawful methods of obtaining information under specific conditions.
"Confidentiality" in Litigation: To protect the secrecy of a trade secret, judges will have the authority to restrict access to documents and limit attendance at hearings. Even the court records will only be shared with third parties after any sections containing trade secrets have been redacted.
Opinions and suggestions regarding the Draft Law can be submitted to the General Directorate of Domestic Trade of the Ministry of Trade of Türkiye until May 15, 2026.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
