1. Legal Framework
1.1 Sources of Legal Protection for Trade
Secrets
The statute Unfair Competition Prevention Act (UCPA)
specifically provides for the protection of trade secrets in
Japan.
Trade secrets may also be found to be protected under the
general rule of torts, unjust enrichment, and contracts set forth
in the Civil Code.
UCPA is understood to be a specific and prevailing rule under
the general rule of torts, and the general aspects of the exercise
of rights under the UCPA may be governed by the Civil Code.
1.2 What Is Protectable as a Trade Secret
A "trade secret" is defined in the UCPA as "a
production method, sales method, or any other technical or
operational information useful for business activities that is
under management as a secret and is not publicly known".
