[Unfair Competition Prevention Act/Trade Secrets] 2017 (Ne) 10007 <Takabe>
更新日：3 日前
Article information
Article type: Case note
Category: Unfair competition law
Topics: Trade secrets
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-30 (Japan time). Full English translation.
[Unfair Competition Prevention Act/Trade Secrets] 2017 (Ne) 10007 <Takabe>
⇒ Although the documents were marked “Confidential,” a duty of care to investigate wrongful disclosure or similar acts (gross negligence) was rejected.
“It cannot be said that the appellee could have known that a confidentiality agreement existed between the appellant and its business partner or that the documents were covered by that agreement. The numbers of short lamps stated in the documents cannot be regarded as information whose mere disclosure to the appellee would cause the appellant serious disadvantage. Nor does it appear that, when acquiring the documents, the appellee encountered any facts apart from the ‘Confidential’ markings that should have raised suspicion that the information was secret. In light of these circumstances, the ‘Confidential’ markings on the documents cannot immediately be said to indicate that they were subject to a duty of confidentiality. Accordingly, those markings alone do not establish that, when acquiring the documents, the appellee had a transactional duty of care to entertain serious doubts about wrongful disclosure or similar acts and investigate and verify the matter. The appellant's argument cannot be accepted.”
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The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
