問2
頻出度★★★
不正競争防止法で保護される, 自社にとっての営業秘密に該当するものはどれか。 ここで, いずれの場合も情報はファイリングされており, ファイルには秘密であることを示すラベルを貼ってキャビネットに施錠保管し, 閲覧者を限定して管理しているものとする。
平成27年度 秋期 ITパスポート試験 問2
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 2
- ア
正解 To be protected as a trade secret, all three requirements must be met: secrecy management (managed as a secret), usefulness (useful to the business), and non-public status (not publicly known). Under the premise of the stem, every option satisfies secrecy management, so the judgment comes down to the remaining usefulness and non-public status. Option ア, the unpublished failure data from chemical experiments related to new product development, has usefulness because failure data can also guide the next round of development, and since it is unpublished it also satisfies non-public status. Because it meets all three requirements, it qualifies as one's own company's trade secret.
Incorrectイ
An important report presented at an academic conference becomes publicly known information at the moment of presentation, so it lacks non-public status. No matter how thoroughly it is locked and managed within the company, information that has already been made public cannot be protected as a trade secret.
Incorrectウ
The patent gazette is public information that anyone can view, so the content investigated based on it lacks non-public status. Moreover, it is another company's patent application content, not one's own company's trade secret.
Incorrectエ
Another company's customer list obtained by illicit means is, to begin with, another company's information and not one's own company's legitimate trade secret. Far from being protected under the Unfair Competition Prevention Act, illicitly obtained information makes its very acquisition and use unlawful.
ここがポイント
- The three requirements of a trade secret are secrecy management, usefulness, and non-public status. Only when all three are satisfied is it protected under the Unfair Competition Prevention Act.
- Failure data also has usefulness, whereas information that has been made public, such as conference presentations or the patent gazette, lacks non-public status and does not become a trade secret.
用語