民事訴訟에서의 秘密保護節次

• 발행기관: 한국민사소송법학회
• 저자명: 표호건
• 간행물 정보: 『민사소송』제11권 제1호, 181~216쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.05.30

영문 초록

Because of the intangible nature of a trade secret, the extent of the property right therein is defined by the extent to which the owner of the secret protects his interest from disclosure to others. Information that is public knowledge or that is generally known in an industry cannot be a trade secret. If an individual dis-closes his trade secret to others who are under no obligation to protect the con-fidentiality of the information, or otherwise publicly discloses the secret, his prop-erty right is extinguished. A fortiori, the Trade Secrets cannot be construed as any sort of assurance against internal agency use of submitted data during consideration of the applica-tion of a subsequent applicant for registration. Indeed, there is some evidence that the practice of using data submitted by one company during consideration of the application of a subsequent applicant was widespread and well known. The right to exclude others is generally “one of the most essential sticks in the bundle of rights that are commonly characterized as property.” With respect to a trade secret, the right to exclude others is central to the very definition of the property interest. Once the data that constitute a trade secret are disclosed to oth-ers, or others are allowed to use those data, the holder of the trade secret has lost his property interest in the data. In order for a reviewing court to uphold the trial courtʼs decision to exclude the public from proceedings or transcripts of proceedings, the record must dem-onstrate “an overriding interest based on findings that closure is essential to pre-serve higher values and is narrowly tailored to serve that interest.” Unless such an overriding interest exists, there is a presumption that the proceedings will be open to the public. The overriding interest can involve the content of the in-formation at issue, the relationship of the parties, or the nature of the controversy.

목차

Ⅰ. 序 論

Ⅱ. 民事訴訟에서의 秘密保護問題

Ⅲ. 一般公開原則의 制限

Ⅳ. 当事者公開原則의 制限

Ⅴ. 結 論

참고문헌

키워드

보호명령 완전보호명령 통일영업비밀보호법 비밀의 유지 비밀보호합의 위법행위 protective order total sealing order, complete protective order the uniform trade secrets act preservation of secrecy secrecy agreement wrongful act