問10
頻出度★★★
不正競争防止法で規定されている限定提供データに関する記述として, 最も適切なものはどれか。
令和6年度 ITパスポート試験 問10
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 10
Incorrectア
“Limited provision” means restricting the recipient to a specific third party; it does not mean a limit on the number of times, such as “provided only once.” This choice also fails to mention the requirement of substantial accumulation by electromagnetic means, so it misinterprets the definition.
- イ
正解 Limited-provision data is defined in the Unfair Competition Prevention Act as “technical or business information that is accumulated in a substantial amount and managed by electromagnetic means as information to be provided to a specific third party,” and it is a mechanism for protecting data that is shared and traded among businesses, such as big data. There are three requirements for it to qualify: “limited-provision nature (provided to a specific party),” “substantial-accumulation nature (a sizable amount),” and “electromagnetic-management nature (managed electronically),” and information managed as a secret (i.e., a trade secret) is excluded. Choice イ accurately states this definition and the exclusion clause, so it is correct.
Incorrectウ
A requirement for limited-provision data is that it be managed “by electromagnetic means” (electromagnetic-management nature). Managing it physically, such as in a safe, does not constitute electromagnetic management, so it does not qualify as limited-provision data.
Incorrectエ
A trade secret is “information managed as a secret” and is explicitly excluded from the definition of limited-provision data. The two are different concepts protected separately under the Unfair Competition Prevention Act; a trade secret does not directly become limited-provision data.
ここがポイント
- The three requirements of limited-provision data: limited-provision nature (provided to a specific third party), substantial-accumulation nature (accumulation of a substantial amount), and electromagnetic-management nature (managed by electromagnetic means).
- Trade secrets (information managed as a secret) are excluded from the definition of limited-provision data, and the two are distinct concepts under the Unfair Competition Prevention Act.
用語