2018.07.11
Court Decision (Unfair use, trade secret)
[Title of the case] Injunction against the unfair use and disclosure of information about trade secrets
[Key issue](i) The governing law for seeking an injunction.
(ii) The criterion for “gross negligence” of the Unfair Competition Prevention Act.
Court stated that if information owned by a Japanese corporation was used or disclosed in Japan, the governing law was the law of Japan.
Court stated that the acquisition of the document in the ordinary course of business corresponds to a fact that denies the existence of the duty of care.