[Article/Unfair Competition Prevention Act] On the Usefulness and Nonpublic Nature of Trade Secrets … Osaka District Court, 2014 (Wa) 11151, “Tin Alloy”
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Unfair competition law
Topics: Design choices, Trade secrets
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-10-28 (Japan time). Full English translation.
[Article/Unfair Competition Prevention Act] On the Usefulness and Nonpublic Nature of Trade Secrets … Osaka District Court, 2014 (Wa) 11151, “Tin Alloy” (Chen Keyu, Intellectual Property Law and Policy Journal, Vol. 52 (2018))
*“Usefulness” denied: although adopted in the plaintiff's product, the asserted effects were insufficiently proved.
= Tokyo District Court, 2001 (Wa) 7445, “Crepe Mix,” also denied usefulness because, despite limiting the conditions, there was no difference in effect.
Cf. Osaka District Court, 2007 (Wa) 11138, “Heat-Generating Cement,” denied usefulness as a design matter a person skilled in the art could readily develop from information disclosed in the specification.
⇒ Tokyo District Court, 2013 (Wa) 30447, “Microscope Assembly Drawings,” recognized usefulness because, although a person skilled in the art could develop them, they shortened development time, among other reasons.
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