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  5. The Cabinet Approves the Cabinet Order for Partial Revision of the Cabinet Order for Defining Foreign Public Officials, etc. Specified by Cabinet Order under Article 18, (2), (ⅲ) of the Unfair Competition Prevention Act.

The Cabinet Approves the Cabinet Order for Partial Revision of the Cabinet Order for Defining Foreign Public Officials, etc. Specified by Cabinet Order under Article 18, (2), (ⅲ) of the Unfair Competition Prevention Act.

September 4, 2018

On September 4, 2018, the Cabinet approved the Cabinet Order for Partial Revision of the Cabinet Order for Defining Foreign Public Officials, etc. Specified by Cabinet Order under Article 18, (2), (ⅲ) of the Unfair Competition Prevention Act.

1. Purpose of the Cabinet Order

Article 5-2 of the Unfair Competition Prevention Act (hereinafter referred to as “the Act”) aims to reduce burdens that a plaintiff (victim) who has filed a procedure for civil action against a defendant (infringer) may suffer in showing evidence on the defendant’s wrongful use of the plaintiff’s trade secret, and to this end, the Article stipulates provisions that the defendant is presumed to have conducted wrongful use of the plaintiff’s trade secret if the plaintiff shows the following evidence:

[ⅰ] The defendant has wrongfully acquired a trade secret (technical secret) including manufacturing methods and other secret that is specified by Cabinet Order; and

[ⅱ] The defendant has been producing things through using the secret mentioned above or conducting an act from which it can be clearly understood that a technical secret has been used.

As the necessity to stipulate details technical secrets and acts from which it can be clearly understood that a technical secret has been used, the Cabinet Order stipulate them, both of which are subject to the provisions of the presumption involving wrongful use of a trade secret (Article 5-2 of the Act) in a civil action.

2. Details of the measures under the Cabinet Order

(1) The Cabinet Order is to stipulate the following provisions concerning two matters delegated to Cabinet Order under Article 5-2 of the Act as the provisions of the presumption involving wrongful use of a trade secret in a civil action.

[ⅰ] The term “information specified by Cabinet Order” should be methods for information evaluation or analysis.

[ⅱ] The term “acts specified by Cabinet Order” should be provision of services for evaluation or analysis using the methods for information evaluation or analysis mentioned above.

(2) The Cabinet Order is to revise the existing “Cabinet Order for Defining Foreign Public Officials, etc. Specified by Cabinet Order under Article 18, (2), (ⅲ) of the Unfair Competition Prevention Act” to the “Cabinet Order for Enforcement of the Unfair Competition Prevention Act.”

3. Future schedule

Promulgation: September 7 (Fri.), 2018
Enforcement: November 1 (Thu.), 2018

Division in Charge

Intellectual Property Policy Office, Economic and Industrial Policy Bureau