問24
頻出度★★★
営業秘密を保護する法律はどれか。
平成26年度 春期 ITパスポート試験 問24
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 24
Incorrectア
The Utility Model Act protects devices (minor inventions) relating to the shape, structure, or combination of articles by means of registration. The content of a registered device is published, which is the exact opposite of a trade secret that is protected while being kept secret, so this is not a law that protects trade secrets.
Incorrectイ
The Copyright Act protects the expression of works that creatively express thoughts or feelings (programs, text, music, images, and so on). Information itself, such as know-how or a customer list, and also ideas or factual data, is unlikely to be protected by the Copyright Act, so it is not a law that protects trade secrets.
Incorrectウ
The Patent Act grants an exclusive right for a limited period, through the procedures of application, examination, and registration, to highly advanced creations of technical ideas that make use of the laws of nature (inventions). A patent assumes that the content of the application is published, so its protection mechanism differs from that of a trade secret, which is protected while being kept secret.
- エ
正解 The correct answer is “エ Unfair Competition Prevention Act”. The Unfair Competition Prevention Act lists and regulates acts that count as “unfair competition” in order to ensure fair competition among businesses, and it explicitly covers the improper acquisition, use, or disclosure of trade secrets. A trade secret here means information that meets all three of these requirements: (1) it is managed as a secret (secrecy management), (2) it is technical or business information that is useful for production methods, sales methods, or other business activities (usefulness), and (3) it is not publicly known (non-public nature). Typical examples are customer lists, manufacturing know-how, design data, and purchase prices. A key feature is that, unlike a patent, no application, registration, or publication is required: information is protected as long as it meets these three requirements, and if it is infringed the holder can seek an injunction and damages.
ここがポイント
- Trade secrets (customer lists, manufacturing know-how, and so on) are protected by the Unfair Competition Prevention Act. Only information that meets all three requirements of secrecy management, usefulness, and not being publicly known is protected.
- How the intellectual property laws divide up their scope: Patent Act = inventions (registered and published); Utility Model Act = devices (registered and published); Copyright Act = creative expression (protected without any formalities); Unfair Competition Prevention Act = regulation of unfair competition acts such as misuse of trade secrets or of well-known indications.
用語