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000048266 003__ SzGeWIPO
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000048266 008__ 070307s2003    |||||||| |||||00||0 eng|d
000048266 020__ $$a9784792331801$$qPrint
000048266 035__ $$a(OCoLC)1393694004
000048266 040__ $$aSzGeWIPO$$beng$$erda
000048266 0410_ $$aeng
000048266 084__ $$aF 634 SOG.L
000048266 1001_ $$aSoga, Kazumasa.
000048266 24514 $$aThe legal protection of trade secrets in Japan :$$ba comparative study of English and German law.
000048266 264_1 $$aTokyo :$$bSeibundo,$$c2003.
000048266 300__ $$a217 pages.
000048266 336__ $$atext$$btxt$$2rdacontent
000048266 337__ $$aunmediated$$bn$$2rdamedia
000048266 338__ $$avolume$$bnc$$2rdacarrier
000048266 5050_ $$a1. Introduction -- 2. History of the legal protection of trade secrets -- 3. The scope of subject matters to be legally protected as trade secrets -- 4. Protection of trade secrets under criminal law -- 5. Protection of Trade Secrets under Private Law: Do Civil Remedies function as Deterrents? -- 6. Protection of trade secrets during civil procedures -- 7. Proposals for Japanese Law to protect trade secrets during trials -- 8. Concluding Remarks
000048266 520__ $$aIndustrial competition has become fierce. In order to win it, each enterprise tries to do its best. Enterprises invest considerable sums in obtaining and developing valuable business information. Some enterprises try to keep their business information secret, in order to gain advantage. Legal protection of business information is now considered more important by society, as there are those who would take unfair advantage in competition by obtaining business information improperly. Because of this, many countries particularly in the last decade, have tried and are trying to improve their legal protection of the sort of business information called trade secrets. Japan seems to have two problems in connection with the legal protection of trade secrets. One is the lack of criminal sanctions against the abuse of trade secrets. The other is the disclosure of trade secrets in public during trials. The purpose of this thesis is to consider whether new legal methods are needed in order to improve the protection of trade secrets in Japan. Regarding the first problem, I consider whether or not it is necessary for Japan to provide criminal sanctions against the abuse of trade secrets, comparing Japanese law with English law (where no such sanctions are provided) and German law (where criminal sanctions are provided under the Act on Prevention of Unfair Competition). Given that this is necessary, I then discuss whether or not it is possible for Japan to fit criminal sanctions within the scope of its current legal framework. Concerning the second problem, Article 82 of the Japanese Constitution guarantees the so-called open court policy, which applies to trade-secret-related trials, and therefore trade secrets must be publicly disclosed in the course of trials. However, once trade secrets are disclosed, they can not be legally protected. Once again comparing Japanese law to English and German law, I consider how the Japanese legal system might be reformed to alleviate this problem.
000048266 650_4 $$aTrade secrets
000048266 650_4 $$aLaw
000048266 650_0 $$aEconomic development projects$$xDirectories.
000048266 904__ $$aBook
000048266 942__ $$aMON
000048266 980__ $$aBIB