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TITLE	Supreme Court Decision 2021Da278931, 278948 Decided November 20, 2024 【Claim for Damages, etc.; Prohibition of Infringement of Trade Secret】 [full Text]
Summary
【Main Issue and Holding】 [1] In a case where, among joint owners of trade secrets, a person who has responsibility toward other trade secret possessors for protecting trade secrets as a secret according to a contractual relationship, etc., used or disclosed trade secrets to obtain improper benefits or cause damage to other owners of the trade secrets, whether such use or divulgence of trade secrets constitutes an infringement of trade secrets under Article 2 Subparag. 3 Item (d) of the Unfair Competition Prevention and Trade Secret Protection Act (affirmative), and the standards for determining existence of such purpose [2] In the case where: (a) Company A and Company B that conduct joint research and development of the products embedded in a main power converter of a high-speed train have maintained and managed the technology information related thereto as a secret; (b) Company B, which manufactured and supplied the above product following the order of Company A, was selected as a winning bidder in the bidding process of Company C’s equipment purchase, and manufactured and supplied Company C with the above products; and (c) Company A sought damages against Company B on the grounds of trade secret infringement, the case holding that Company B’s act does not constitute an infringement of trade secrets under Article 2 Subparag. 3 Item (d) of the Unfair Competition Prevention and Trade Secret Protection Act as Company B cannot be considered to have manufactured products supplied to Public Corporation C to gain improper benefits or to inflict damage to Company B, notwithstanding that Company B, as a joint owner of the abovementioned technology information, which constitutes a trade secret, has responsibility toward Company A for protecting trade secrets in accordance with either implicit coincidence of intentions or good faith

TITLE

Supreme Court Decision 2021Da278931, 278948 Decided November 20, 2024 【Claim for Damages, etc.; Prohibition of Infringement of Trade Secret】 [full Text]

Summary

【Main Issue and Holding】 [1] In a case where, among joint owners of trade secrets, a person who has responsibility toward other trade secret possessors for protecting trade secrets as a secret according to a contractual relationship, etc., used or disclosed trade secrets to obtain improper benefits or cause damage to other owners of the trade secrets, whether such use or divulgence of trade secrets constitutes an infringement of trade secrets under Article 2 Subparag. 3 Item (d) of the Unfair Competition Prevention and Trade Secret Protection Act (affirmative), and the standards for determining existence of such purpose [2] In the case where: (a) Company A and Company B that conduct joint research and development of the products embedded in a main power converter of a high-speed train have maintained and managed the technology information related thereto as a secret; (b) Company B, which manufactured and supplied the above product following the order of Company A, was selected as a winning bidder in the bidding process of Company C’s equipment purchase, and manufactured and supplied Company C with the above products; and (c) Company A sought damages against Company B on the grounds of trade secret infringement, the case holding that Company B’s act does not constitute an infringement of trade secrets under Article 2 Subparag. 3 Item (d) of the Unfair Competition Prevention and Trade Secret Protection Act as Company B cannot be considered to have manufactured products supplied to Public Corporation C to gain improper benefits or to inflict damage to Company B, notwithstanding that Company B, as a joint owner of the abovementioned technology information, which constitutes a trade secret, has responsibility toward Company A for protecting trade secrets in accordance with either implicit coincidence of intentions or good faith

Prev	Supreme Court en banc Decision 2021Da255853 Decided November 21, 2024 【Damages (Automobile)】
Next	Supreme Court Decision 2023Do14674 Decided November 14, 2023 【Violation of the Occupational Safety and Health Act】

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