Turanboy, AsumanElif Gürbüz, Aslı2022-03-232022-03-232008http://hdl.handle.net/20.500.12575/77825Trade secret is confidential information which provides an economic interest to the commercial enterprises and companies, and gives them an advantage over competitors. Today, trade secret has become a wide concept that covers commercial and financial sectors. Due to its wide range, it is very important to protect a trade secret. Additionally it is very essential to identify the scope of the trade secret for both defining the limits of the shareholders rights to receive information and establishing the borders of disclosure in the capital markets.The title of this thesis is ?Protection of Trade Secret in Turkish Private Law, Particularly in Corporations?. While the provisions about the trade secret in the Turkish Penal Code were mentioned when necessary, trade secret and its protection in Procedural and Competition Law was excluded as it could be the subject of a separate study. In addition, an analysis was performed about the subject comparing several foreign law systems; in this context the trade secret and it protection was analyzed especially in German, Swiss, American and British law systems.This study consists of 3 sections. In the first section, the definitions of the secret in the doctrine to our date were given, comparisons of trade secret to other types of secrets were made, and thus an attempt of defining the limits of the trade secret was performed. Also in this section, to establish the grounds for trade secret protection, a study to define the legal nature of interest that was provided by a trade secret was performed.In the second section, the regulation for protection of the interests that was provided by a trade secret in different law systems was evaluated and several provisions in Turkish law were analyzed. In this context, especially the provisions regarding the unfair competition in the Turkish Commercial Code which provides a legal protection over the trade secret, provisions of the contractual relations in the Code of Obligations, and related provisions of Labor Code were explored. In particular, know-how, franchise, distribution, company and bank credit contracts were examined for contractual protection and the duty of confidentiality in these contracts was evaluated.In the third section, trade secret and its protection was analyzed from the law of corporations perspective, corporations that were in Turkish Commercial Code; institutions that operate under the Capital Market Law and particularly public corporations, and banks and insurance companies that were founded as a corporation was separated. In this context, shareholders right to information, confidentiality obligations of managers and auditors and trade secrets of corporations was compared, evaluations were made concerning the protection of trade secret also taking into consideration the Draft Turkish Commercial Code. In addition, trade secret was analyzed in the light of disclosure principles of capital markets and an attempt to define the boundaries in regards to Corporate Governance was performed. Also in this section, the role of trade secret in independent audit and rating activities was examined, and insider information and trade secret concept was compared. In the last portion of this section, banking secret concept and trade secret in insurance companies are explored.trHukukAnonim ŞirketlerTicari SırdoctoralThesis