logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.03.14 2011도11101
부정경쟁방지및영업비밀보호에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act means the production method, sale method, and other technical or operational information useful for business activities, which are not known to the public, has independent economic value, and are maintained in secret by considerable effort.

The phrase “not known to the public” refers to a situation in which it is recognizable that the information is objectively maintained and managed as confidential, such as where the information is obtained from a person who has access to the information or a person who has access to the information, because it is not known to an unspecified number of people, such as a publication, etc., and where “the person who has an independent economic value” means that the person who has access to the information can benefit from competition to the competitor or that a considerable cost or effort is needed for the acquisition or development of the information through the use of the information, and where “the information is kept confidential by considerable effort” means a situation in which it is recognizable that the information is objectively maintained and managed as confidential, such as: (a) a person who has access to the information, or a person who has access to the information, is subject to the duty of confidentiality, etc.

In light of the above legal principles and records, the court below was just in holding that the technology related to the ultra-frequency flow measurement circuit and algorithm and algorithm and the composite formula constituted E trade secrets, and contrary to what is alleged in the ground of appeal, there were no errors by misapprehending the legal principles on trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act.

2. Examining the ground of appeal No. 2 in light of the relevant legal principles and records.

arrow