Intellectual property · Legal information

How Are a Trade Secret and Know-How Protected?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A trade secret and know-how are the protection, without a registration register, of information that remains secret and has commercial value. The question of how a trade secret and know-how are protected is separate from a sentence that treats every piece of company information as a secret. Secrecy, commercial value, and reasonable keeping are required together. General information that everyone knows does not become a secret. There is no figure for a term in this text.

The three conditions are required together

The information remaining secret, carrying a commercial value that sets it apart from competitors, and the business taking a reasonable measure stand together. The absence of one does not by itself complete the other two. If the formula stands in the safe, but the arrangement is one in which every employee can copy it from an open folder, the keeping can stay weak. The other way round, if there is a lock but it is claimed that the information is already known in the market, secrecy is asked about separately. A decision is not built before these three lines stand.

The choice between a patent and a secret is discussed before an application is made. The code layer of software is not a copy of the same sentence either. The neighbouring records are under patent or trade secret, an employee invention, unfair competition, and copyright in software. A debate on unfair competition does not take the place of an inventory of secrets.

A contract does not take the place of the measure

A confidentiality contract, a confidentiality clause in the employment contract, and an access log are practical tools. The contract writes who will see which document. The log shows whether that document was actually opened. Without the two, it is not declared that the secret was protected. When an employee leaves, a file that was taken is separated as a personal note or a company document. The separation is read from the file itself. The record of an employee invention is not a short name for a leak of a secret. Notice of an invention is a separate door of application.

Correspondence with a former employee can show on which date, and with whom, the secret was. Without correspondence, the date of a leak is not guessed. An invoice can show work transferred to a consultant, but it does not prove that the formula remained secret. The petition is not treated as having later added an item of secret that was not written.

Disclosure weakens protection

Information that has fallen into the public weakens later protection. A fair stand, an open presentation, or an uncontrolled email may have ended the secrecy by itself. That result is read from the scope of the disclosure. The remainder of a formula, part of which was disclosed, can still be secret. The remaining part should stand separately in the annex of the page that was disclosed. Without the annex, the whole formula is not treated as secret, and it is not treated as wholly disclosed.

A claim of infringement can come from wrongful acquisition, disclosure, or use. Damages or an interim measure can be discussed. The result depends on the document in hand, and this text does not build a promise of a result. The same solution developed independently is not folded into the same sentence as a leak. Independence is read from the development record.

The inventory writes, by name, which information is treated as a secret. General experience whose name is not written is not an item of secret. A skill the employee learned in the profession and a formula belonging to the company are not folded into the same line. The skill is in the person. If the formula stands as a document, it is in the company's record. The record should also show to whom the formula was opened. Without a list, one does not say every employee saw it. A contract a new employee signs on starting work does not by itself bring back a file a former employee took.

A notice of infringement should not be a text in which the secret is poured into the public. If the whole formula is written in the notice, secrecy can weaken with that letter. The notice asks for the type of the information and for its protection. It does not reveal the formula. The other party's reply should show where it learned the information. Without a reply, the source is not guessed. A court decision is also read separately for how far it opened the formula in the reasoning. The reasoning is not put in place of the inventory of secrets.

A Çankaya address does not write a term

Counsel in Ankara who asks about the term does not produce a year of protection from the office being in Çankaya. The office in Çankaya does not take the place of the confidentiality record, and it does not change the competent authority. The name of the district is not written in place of the place where the secret is kept.

How the term is read from the document

The term of a trade secret is not written from this text. When secrecy ends, protection is not treated as continuing.

Conclusion

A trade secret is protection without registration, and it does not stand without a measure and without secrecy. A result is not stated before the inventory of information is seen. The frame stands on the intellectual property page, and the basis is the Industrial Property Law No. 6769 and the Law No. 5846 on Intellectual and Artistic Works.

Legislation

Frequently asked questions

Does it take the place of a patent?

It is a choice. A patent seeks a monopoly in return for disclosure. A secret is discussed for as long as secrecy continues. The two are not built at the same time for every element.

Is a confidentiality contract enough?

A contract is needed, but it is not enough on its own. The access record and the actual keeping are also read.

Does the secret end if an employee leaves?

Leaving does not by itself put the secret into the public. The contract, the access record, and the document that was taken are read together.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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