JAPAN Trends and Developments Contributed by: Makoto Hattori, Rikita Karakawa, Wataru Takagishi and Taku Shibazaki, Abe, Ikubo & Katayama
Conclusion To ensure the appropriate and effective protection and utilisation of trade secrets in Japan, it is insuf - ficient for companies to merely formulate formal poli - cies. Instead, they must strive for the proper man - agement of trade secrets as described above, while keeping pace with rapid technological advancements – including AI and cloud computing – during ordinary times. Companies should position trade secrets as vital information assets and establish an integrated management system where legal, IT, and executive management are unified.
etc, that information must be isolated immediately and its use must be stopped. If use is continued, the risk of being held responsible under the UCPA increases. Independent investigations by external experts, reorganisation to a clean-room system, and voluntary return of information should be considered. Voluntary disclosure and return of information to the original holder, and presentation of measures to prevent recurrence may, depending on the case, influence the scope of civil remedies or criminal judgments and sentencing evaluations.
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