[Article / Unfair Competition Law] Infringement risks from using another company's trade secrets brought by a job changer (Takayuki Ishimoto, Patent, October 2025)
更新日:10月15日
Article information
Article type: Publication review
Categories: Unfair competition law
Main topics: Trade secrets
First published on this website: October 1, 2026
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Article / Unfair Competition Law] Infringement risks from using another company's trade secrets brought by a job changer (Takayuki Ishimoto, Patent, October 2025)
1. Four defensive measures for IP and legal personnel
① Pledge upon joining (warning)
Obtain a pledge expressly stating that no confidential information from the previous employer will be brought in. This also evidences that the company does not tolerate misconduct.
② Effective employee training
Thoroughly instil awareness that using another company's information is also a crime. In particular, educating subordinates when a job changer becomes their supervisor is key to preventing tragedies like the conveyor-belt sushi case.
③ Internal consultation channel (a place of refuge)
Create a system allowing anonymous consultation with legal or IP departments when a supervisor orders use of suspicious data.
④ Detect unnatural inventions through IP activities
If a job changer produces sophisticated results (formulation tables, design drawings, etc.) immediately after joining, scrutinize how they were created (experimental data, etc.) and check for appropriation of another company's information.
★ Experience and skills: General industry knowledge and skills embodied in individuals are free to use.
Original article: https://lnkd.in/gcpMysKM
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Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
2026-10-01 | Name notation: applied the Roman-letter personal-name spellings supplied by Hideki Takaishi to this English article and its navigation. No change to legal analysis or original publication date.
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