부정경쟁방지법상 데이터의 보호방안 - 일본 부정경쟁방지법에 대한 비교법적 고찰과 시사점을 중심으로

Abstract

The difference between Korean law and Japanese law in terms of Unfair Competition Law is that Japan has recently established so-called ‘Limited Shared Data’ as a new protection target. The legislative implications of this new ‘Limited Shared Data’ provision are that, unlike traditional trade secrets, data protection is provided in accordance with more relaxed requirements without having to judge non-disclosure and confidentiality requirements. In this regard, it can be evaluated that the concept of ‘Limited Shared Data’ protects data more broadly than the concept of trade secrets in terms of Unfair Competition Law. However, regarding data protection, we can examine the applicability of Article 2 §1(Ca) namely, supplementary general clause under our Unfair Competition Law(“the Act on Unfair Competition Prevention and Trade Secret Protection”), but we have no choice but to evaluate it as a limited protection plan in the current practice of our court. Considering the above, the protection of Limited Shared Data under Japan's revised Unfair Competition Law can have important legislative implications as a flaw in the protection of data in areas not protected by our copyright law or as supplementary general provisions under our Unfair Competition Law. Considering the above, the protection of Limited Shared Data under Japan's revised Unfair Competition Law can have important legislative implications as a flaw in the protection of data in areas not protected by our copyright law or as supplementary general provisions under our Unfair Competition Law.