問20
頻出度★★★
事業活動における重要な技術情報について, 営業秘密とするための要件を定めている法律はどれか。
令和元年度 秋期 ITパスポート試験 問20
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 20
Incorrectア
The Copyright Act is a law that protects the rights to works such as novels, music, and programs (creative expressions of thoughts or feelings); it is not a law that defines the requirements for trade secrets.
Incorrectイ
The Act on Specified Commercial Transactions protects consumers by defining matters that businesses must observe and cooling-off rules for transactions prone to consumer trouble, such as door-to-door sales, mail-order sales, and telemarketing sales; it has nothing to do with trade secrets.
Incorrectウ
The Act on the Prohibition of Unauthorized Computer Access is a law that prohibits accessing a computer over a network without authorization, such as by using another person's ID or password without permission; it does not define the requirements for trade secrets.
- エ
正解 Choice エ, the Unfair Competition Prevention Act, is correct. It is the Unfair Competition Prevention Act that defines the requirements for legally protecting important technical information in business activities as a trade secret. Under this law, to be recognized as a trade secret, information must satisfy all three requirements: secrecy management (being managed as a secret), usefulness (being technical or business information useful for business activities), and non-public knowledge (not being publicly known). The law prohibits the wrongful acquisition, use, and disclosure of information that meets these requirements as an act of unfair competition.
ここがポイント
- Protection of trade secrets is handled by the Unfair Competition Prevention Act, and its three requirements are secrecy management, usefulness, and non-public knowledge.
- The question tests whether you can distinguish the different objects protected by the various intellectual-property and information-related laws (such as the Copyright Act and the Act on the Prohibition of Unauthorized Computer Access).
用語