不正競爭防止法上 營業秘密 保護制度 比較와 適用에 관하여

• 영문명: Comparing and applying protection system for a Trade Secret according to the Unfair Competition Prevention Act -Focused on the recently amended regulations in South Korea and Japan-
• 발행기관: 세창출판사
• 저자명: 백영준(Young-Jun Baek)
• 간행물 정보: 『창작과 권리』2006년 여름호 (제43호), 45~59쪽, 전체 14쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

It is feared that South Korean companies might be prosecuted in Japanese courts since Korean corporations for doing research are increasing in Japan. This paper deals with trends in Japan which are strengthening the protection systems for a Trade Secret, and analyzing and comparing the protection systems of both coun- tries. I present some practical problems which are generated when the Unfair Competition Prevention Act is applied, and seek solu- tions for those problems. The Unfair Competition Prevention Act of South Korea is not sufficient in taking civil proceedings compared to legislation of for- eign countries such as Japan. Japan put subsequent relieving steps in operation through revising the Unfair Competition Preven- tion Act in 2004. Now is the time for South Korea to consider relieving steps. According to a free contract, granting a certain amount of retirement benefit to a retiree when a retiree makes a non-competition agreement in return for keeping the Trade Secret will be an efficient way to minimize infringement disputes. An aggravated fine as a result of illegal profit was adopted as a criminal countermeasure, but that regulation was too hard to apply to any case so far. Besides, it had significant problems, and its amendment has been demanded. South Korean government recently attempted to enact a law for supporting prevention and protection of outflow of industrial technology. As South Korea has a high level of technology, and increases mutual investment and manpower exchange with com- peting countries, unjust drain of technology increases. Arrange- ment of long-range and reasonable laws and a system for keeping step with international agreements should be completed. In addi- tion, companies should reasonably compensate their employees for imposing obligation of keeping the Trade Secret according to a for- mal contract with them rather than forcing them to sign a secret pledge, or to prohibit changing an occupation or competing.

목차

Ⅰ. 序說

Ⅱ. 兩國의 不正競爭防止法 略史와 營業秘密 保護制度

Ⅲ. 우리나라의 不正競爭防止法 適用上 問題點과 對應方向

Ⅳ. 結語

Abstract

키워드

the protection systems for a Trade Secret the Unfair Competition Prevention Act a non-competition agreement An aggravated fine a law for supporting prevention and protec- tion of outflow of industrial technology high technology obli- gation of keeping the Trade Secret