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In Japan, on June 15, 1991, an amendment to the Unfair Competition Prevention Law (Law No. 47, May 19, 1993) came into effect to include measures for the protection of qualified secret "technical or business information". [1] The Unfair Competition Prevention Law was amended in recognition of the increasing importance of trade secrets in industrial society and, the recent strong international demand for harmonization of intellectual property laws. Prior to the amendments, there was no statute which directly protected trade secrets, although they were protected to some extent under general laws such as contract and tort law.
2003 amendments brought the establishment of criminal sanction for misappropriation of trade secrets.
2004 amendments provided that the protective order be granted in an action relating to trade secrets. Under a disclosure principle of litigation prescribed by Article 82 of the Japanese Constitution, maintaining the confidentiality of any evidence regarding confidential information submitted to the court had been one of the major challenges under the practice of public trials.
Limitation in the economic development [2]
CITES is a multilateral treaty to protect endangered plants and animals from the threats of international trade. It was drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN). The convention was opened for signature in 1973 and CITES entered into force on 1 July 1975.
A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to. Doctor–patient confidentiality, attorney–client privilege, priest–penitent privilege and bank–client confidentiality agreements are examples of NDAs, which are often not enshrined in a written contract between the parties.
Trade secrets or confidential commercial information are a type of intellectual property (IP) that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which their owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it.
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know. Mishandling of the material can incur criminal penalties.
An Official Secrets Act (OSA) is legislation that provides for the protection of state secrets and official information, mainly related to national security. However, in its unrevised form, it can include all information held by government bodies.
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service.
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access to or places restrictions on distribution of certain types of information.
The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.
The Economic Espionage Act of 1996 was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage, but the insanity defense, matters regarding the Boys & Girls Clubs of America, requirements for presentence investigation reports, and the United States Sentencing Commission reports regarding encryption or scrambling technology, and other technical and minor amendments.
Intellectual rights to magic methods refers to the legal and ethical debate about the extent to which proprietary or exclusive rights may subsist in the methods or processes by which magic tricks or illusions are performed. It is a subject of some controversy.
The Uniform Trade Secrets Act (UTSA), published by the Uniform Law Commission (ULC) in 1979 and amended in 1985, is a Uniform Act promulgated for adoption by states in the United States. One goal of the UTSA is to make the state laws governing trade secrets uniform, which is especially important for companies that operate in more than one state. Historically, the law governing misappropriation of trade secrets developed separately in each state.
Benrishi (弁理士) is a Japanese legal profession specifically licensed to practice intellectual property law. Most benrishi specialize in patent law, but are also allowed to practice in copyright, trademark, unfair competition and trade secret law.
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1971, the copyright term also spans 38 years after the director's death.
Roger M. Milgrim is an American intellectual property lawyer, and the author of two multivolume law treatises: Milgrim on Trade Secrets and Milgrim on Licensing.
Sorrell v. IMS Health Inc., 564 U.S. 552 (2011), is a United States Supreme Court case in which the Court held that a Vermont statute that restricted the sale, disclosure, and use of records that revealed the prescribing practices of individual doctors violated the First Amendment.
In Canada, trade secrets are generally considered to include information set out, contained or embodied in, but not limited to, a formula, pattern, plan, compilation, computer program, method, technique, process, product, device or mechanism; it may be information of any sort; an idea of a scientific nature, or of a literary nature, as long as they grant an economical advantage to the business and improve its value. Additionally, there must be some element of secrecy. Matters of public knowledge or of general knowledge in an industry cannot be the subject-matter of a trade secret.
Japanese design law is determined by the Design Act. Under this Act, only registered designs are legally protected, and it stipulates the procedure for obtaining a design registration in the Japan Patent Office. The protection for unregistered design is provided by the Unfair Competition Prevention Act. The Act amended in 2019 to expand its scope of protections of graphic images and interior and exterior designs of the architectures, to extend the protection term to 25 years from the filing date, and to accept multiple designs filings.
The Philippine Competition Commission (PhCC) is an independent, quasi-judicial body formed to implement the Philippine Competition Act (Republic Act No. 10667). The PhCC aims to promote and maintain market competition within the Philippines by regulating anti-competition behavior. The main role of the PhCC is to promote economic efficiency within the Philippine economy, ensuring fair and healthy market competition.
The German Law on the Protection of Trade Secrets, or Trade Secrets Law in short, serves to protect business secrets against unauthorized acquisition, use, and disclosure. The law implements the Directive (EU) 2016/943 on the Protection of Trade Secrets in German law. It replaces the right to secrecy, which was previously regulated in §§ 17-19 of the Act Against Unfair Competition.
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