Project/Area Number |
20730044
|
Research Category |
Grant-in-Aid for Young Scientists (B)
|
Allocation Type | Single-year Grants |
Research Field |
Criminal law
|
Research Institution | Otaru University of Commerce |
Principal Investigator |
ICHIHARA Akiko Otaru University of Commerce, 大学院・社会文化科学研究科, 准教授 (30400071)
|
Project Period (FY) |
2008 – 2010
|
Project Status |
Completed (Fiscal Year 2010)
|
Budget Amount *help |
¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2008: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
|
Keywords | 営業秘密 / 刑法 / 情報保護 |
Research Abstract |
This research examines the significance of the revision of Unfair Competition Prevention Act in 2009 concerning trade secrets protection under the Japanese criminal law system. It mainly demonstrates the following two important points. First, whereas the original meaning of the penal provision for the infringement on trade secrets, newly established in the Unfair Competition Act in 2003, was to protect them in order to prevent unfair competition, the revision in 2009 should be understood as reducing the meaning and as bringing about a new sense of protecting trade secrets as "property." Second, as a result of this change, there occurs an important inconsistency between the revised Act in 2009 and the Penal Code that does not give legal protection to information as such.
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