Japanese trade secrets
Encyclopedia
In Japan
, on June 15, 1991, an amendment to the Unfair Competition Prevention Law (Law No. 47, May 19, 1993) came into effect to include measures for the protection of qualified secret "technical or business information". The Unfair Competition Prevention Law was amended in recognition of the increasing importance of trade secret
s in industrial society and, the recent strong international demand for harmonization of intellectual property laws. Prior to the amendments, there was no statute which directly protected trade secrets, although they were protected to some extent under general laws such as contract and tort law.
2003 amendments brought the establishment of criminal sanction for misappropriation of trade secrets.
2004 amendments provided that the protective order be granted in an action relating to trade secrets. Under a disclosure principle of litigation prescribed by Article 82 of the Japanese Constitution, maintaining the confidentiality of any evidence
regarding confidential information submitted to the court had been one of the major challenges under the practice of public trials.
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, on June 15, 1991, an amendment to the Unfair Competition Prevention Law (Law No. 47, May 19, 1993) came into effect to include measures for the protection of qualified secret "technical or business information". The Unfair Competition Prevention Law was amended in recognition of the increasing importance of trade secret
Trade secret
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers...
s in industrial society and, the recent strong international demand for harmonization of intellectual property laws. Prior to the amendments, there was no statute which directly protected trade secrets, although they were protected to some extent under general laws such as contract and tort law.
2003 amendments brought the establishment of criminal sanction for misappropriation of trade secrets.
2004 amendments provided that the protective order be granted in an action relating to trade secrets. Under a disclosure principle of litigation prescribed by Article 82 of the Japanese Constitution, maintaining the confidentiality of any evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
regarding confidential information submitted to the court had been one of the major challenges under the practice of public trials.