영업비밀 침해금지와 금지청구의 기산점

Abstract

Trade secrets are defined as any technical or business information― useful for production, sale methods and other business activities―which is not known to the public, is of independent economic value, and has been kept secret through considerable effort (Sec. 2(2) UCPA). A trade secret is proprietary but unpatented information that confers a competitive advantage on its owner. If someone steals a trade secret, the owner of the secret is entitled to a remedy that may include, in addition to damages, an injunction that forbids the thief from manufacturing a product that employs the owner’s secret. According to Sec. 10 (1) UCPA, any person whose business interest is likely to be damaged as a result of another person’s infringement of trade secrets may file a restraint action with the court. A claim to an injunction can be granted not only against acts which have already occurred but also against those that are imminent. Courts disagree, however, over whether such an injunction should continue after the trade secret becomes public knowledge. This article aims to clarify the conflict regarding the proper duration of an injunction to remedy the infringement of trade secrets.