2010 Fiscal Year Final Research Report

Trade secrets protection under the criminal law

Research Project

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
Keywords	営業秘密
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.