[Article/Unfair Competition Prevention Act] Usefulness and Non-Public Status of Trade Secrets: The Tin Alloy Composition Case (Chen Keyu, 2018)
Updated: 6 hours ago
Article information
Article type: Publication review
Category: Unfair competition law, Patents
Topics: Inventive step, Trade secrets
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-05-16 (Japan time). Full English translation.
[Article/Unfair Competition Prevention Act] Usefulness and Non-Public Status of Trade Secrets: The Tin Alloy Composition Case (Chen Keyu, Intellectual Property Law and Policy Journal, Vol. 52 (2018)）
There are two views of the test for “usefulness” of trade secrets: (1) it has only the limited meaning of excluding scandalous information and other information unrelated to incentives for development; and (2) it is a demanding requirement comparable to inventive step.
The Tokyo District Court, 2001 (Wa) 7445, [Crepe Mix Liquid] case and the Osaka District Court, 2014 (Wa) 11151, [Tin Alloy Composition] case (this case) imposed a demanding requirement by denying usefulness on the ground that there was no additional effect over publicly known technology.
Translator’s notes (editorial)
The body heading ends without closing the author/publication parenthesis; retained.
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