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Tokyo Koto Saibansho Chiteki Zaisan Dai 4-Bu [Tokyo High Court, Fourth Intellectual Property Division] September 29, 2004

Heisei 14 (Ne) no. 1413 (2004)

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Tokyo Koto Saibansho Chiteki Zaisan Dai 4-Bu [Tokyo High Court, Fourth Intellectual Property Division] September 29, 2004

Japan Intellectual Property High Court
Heisei 14 (Ne) no. 1413 (2004)

Facts

Taisho Pharmaceutical Co., Ltd. (Taisho) (plaintiff) entered an agreement with Daikoku Co., Ltd. (Daikoku) (defendant) under which Daikoku would sell Taisho’s medicines in drug stores. Daikoku held various sales in which it advertised prices for products including Taisho’s medicine at or below the cost prices (i.e., wholesale prices). Taisho brought suit against Daikoku, alleging that the cost prices were trade secrets and that Japan’s Unfair Competition Prevention Act forbade their disclosure. The court found that Taisho’s suit was groundless. Taisho appealed to the Japan Intellectual Property High Court.

Rule of Law

Issue

Holding and Reasoning (Tsukahara, Tanaka, Sato, J.J.)

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Casebooks

Intellectual Property

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