- Years of ADA Shakedowns Alleged, And A Law Firm SettlesPosted 24 hours ago
- $10M Settlement In Riot Games Gender Discrimination LawsuitPosted 24 hours ago
- Senate Report Highlights Illicit Transfer of Tech to ChinaPosted 2 days ago
- Supreme Court Reverses Federal Circuit, Grants Cert in Oracle v. GooglePosted 2 days ago
- Law Firm Sued For Defamation, After Aggressive Move In Bankruptcy CasePosted 3 days ago
- Pre-Holiday Breach At Macy’sPosted 3 days ago
A Fresh Look at Japanese Trade Secret Protection
- Tweet
- Pin It
-
Executive Summary of an article written by
Wakako Inaba and Gino Cheng, Winston & Strawn
There is no specialized trade secret statute in Japan, but trade secrets are afforded both civil and criminal protection under the broader Unfair Competition Prevention Act. The act has been amended to address issues of big data and protect against the circumvention of copy control.
Under the Unfair Competition Prevention Act, a trade secret is “a production method, sales method, or any technical or operational information useful for business activities that is controlled as a secret and is not publicly known.” Similar to many other jurisdictions, this definition contains three basic requirements: (1) economic value, (2) maintenance of confidentiality and (3) non-public nature. The presence of the second element is subject to the most debate and where companies often find themselves vulnerable.
A person or entity whose business interests have been, or are likely to be, injured by unfair competition may seek injunctive relief under the act. The owner may seek compensatory damages. Measures include plaintiff’s lost profits, the defendant’s profits or actual losses. The court may also order the infringer to take necessary actions to restore the plaintiff’s business reputation. Any person who commits trade secret misappropriation in the manner prescribed in the act faces imprisonment for up to 10 years, a fine of as much as 20 million yen, or both. Overseas infringement is implicated even where the effect is felt domestically but the underlying acts occurred abroad. Such “foreign” activity is subject to heavier, criminal penalties.
Read the full article at:Today's General Counsel
Related Posts
-
Class Actions Are an M&A Deal Killer
Any time one company seeks to merge with or...
-
Insider Trading Liability
Steep sanctions and reputation damage to the company often...
-
A Platform-Based Approach to Operational Efficiency
Corporate law departments face demands to reduce costs and...
-
Making the 30(b)(6) Witness Work for the Defense
The plaintiff’s bar is enamored of Rule 30(b)(6). These...
Litigation News
-
Years of ADA Shakedowns Alleged, And A Law Firm Settles
A Silicon Valley law firm has settled a lawsuit alleging that it was shaking down small businesses by filing...
- Posted 24 hours ago
- 0
-
$10M Settlement In Riot Games Gender Discrimination Lawsuit
Riot Games, a $1B-plus company owned by Chinese technology firm Tencent, has agreed to a $10 million payout to...
- Posted 24 hours ago
- 0
-
Law Firm Sued For Defamation, After Aggressive Move In Bankruptcy Case
The Massachusetts Court of Appeals has reinstated a defamation case against a law firm, in a ruling denying the...
- Posted 3 days ago
- 0
-
Pre-Holiday Breach At Macy’s
It hit the retailer over a one-week period early in October, scooping up essential information from credit transactions. The...
- Posted 3 days ago
- 0
Labor/Employment News
-
$10M Settlement In Riot Games Gender Discrimination Lawsuit
Riot Games, a $1B-plus company owned by Chinese technology firm Tencent, has agreed to a $10 million payout to...
- Posted 24 hours ago
- 0
-
Insurance May Cover Allegations Related To Sexual Abuse
Claims against companies related to sexual abuse – such as negligent hiring or negligent supervision and negligent retention –...
- Posted 1 week ago
- 0
-
Legal Battle With Ex-CEO At Barnes & Noble Is A Study In Privilege
The CEO of Barnes & Noble was accused of sexual harassment by an executive assistant, triggering an investigation under...
- Posted 2 weeks ago
- 0
IP News
-
Grunts Flummoxed By 21st Century IP Issue
The “right-to-repair” – or more accurately the absence of one – has been an issue in a variety of...
- Posted 2 weeks ago
- 0
-
Cybersecurity Protocols and ADR
Surveys taken after the massive Panama Papers hack suggested that law firm cybersecurity industry-wide was lagging behind health care...
- Posted 2 weeks ago
- 0
-
Photographer Sues Law Firm For Using His Skyline Photo
A Kansas City photographer has sued a law firm, claiming it used his copyrighted work on its website without...
- Posted 2 weeks ago
- 0