JAPAN Law and Practice Contributed by: Miki Goto, Ryo Murakami and Akihito Ishii, Anderson Mori & Tomotsune
• Acquiring a trade secret by theft, fraud, duress or any other wrongful method (col - lectively, “wrongful acquisition” ), or using or disclosing a trade secret acquired through wrongful acquisition. The latter includes dis - closure to a specific third party in confidence. • Acquiring a trade secret with the knowledge, or without the knowledge due to gross negli - gence, that wrongful acquisition was involved with such trade secret, or using or disclosing a trade secret acquired in that way. • Using or disclosing an acquired trade secret after becoming aware, or failing to become aware due to gross negligence, that wrong - ful acquisition was involved with such trade secret. • Using or disclosing a trade secret disclosed by the business operator holding such trade secret for the purpose of acquiring an illicit gain or causing damage to the holder. • Acquiring a trade secret with the knowl - edge, or without the knowledge due to gross negligence, that the trade secret is disclosed through improper disclosure or that improper disclosure was involved with such trade secret, or using or disclosing a trade secret acquired in that way. “Improper disclosure” is defined as disclosure of a trade secret as described in the fourth bullet point above, or in breach of a legal duty to maintain its secrecy. • Using or disclosing an acquired trade secret after becoming aware, or failing to become aware due to gross negligence, that improper disclosure was involved with such trade secret. • Selling, delivering, displaying for the pur - pose of sale or delivery, exporting, importing or providing through telecommunication a product produced by using a technical trade secret in a way described in the bullet points above. This does not include cases where a
transferee of such product engages in any of the foregoing acts if the transferee is not aware, without gross negligence, that the product was produced through such improp -
er use of a technical trade secret. 2.2 Employee Relationships
An employment relation is generally understood to impose certain inherent obligations upon the employee, whether explicitly provided in the employment contract or not. One of such duties is the fiduciary duty, or duty of good faith, which requires the employee to avoid unjustly harm - ing the interests of the employer. Obligations to keep the employer’s business secrets confiden - tial and non-competition obligations are a part of this fiduciary duty, and the breach of such duty would constitute a breach of the employment contract. Information of the employer may be protected under this regime, even if it did not satisfy all of the elements of the trade secrets described in 1.2 What Is Protectable as a Trade Secret . 2.3 Joint Ventures The UCPA does not provide any specific rules
focused on joint ventures. 2.4 Industrial Espionage
The UCPA does not provide any specific claims or remedies focused on industrial espionage. However, acts of industrial espionage are broadly captured under the misappropriations described in 2.2 Employee Relationships .
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