영업비밀보호법 실무 (양장본 Hardcover)

김병남

저자김병남은KAIST기계공학과박사
변리사
특허청심사관,심판관,대법원근무
현재단국대학교공과대학교수
현재단국대학교지식재산대학원글로벌지식재산학과교수

<논문>
ICT메가트렌드에있어서영업비밀의중요성및기업의영업비밀보호활용에관한연구
전통지식·유전자원에대한국제적논의동향및저작권과특허권에의한보호전략
층상구조기반의리튬이차전지용양극활물질에관한특허정량분석,특허정성분석
대학생의일상적창의성이기업가정신,창업의지및창업탐색활동에미치는영향
미국의특허협상공세가국내제약산업에미치는영향에관한고찰
한미FTA의약품허가-특허연계제도도입으로인한관련법개정및그영향에관한고찰
창조경제시대의원동력창의성과특허진보성과의관계에관한고찰

서론1

Ⅰ.영업비밀보호일반론
1.영업비밀보호제도일반··························································8
(1)영업비밀의보호와입법배경··················································8
(2)영업비밀보호제도의특성·····················································10
(3)타법률과의관계···································································12
2.영업비밀의개관···································································14
(1)영업비밀의개념및의의·······················································14
(2)영업비밀보호제도의목적및취지········································15
3.영업비밀의법적성격···························································18
(1)본질에관한학설및비교······················································19
(2)판례를통해본학설적용······················································21
(3)‘공유재의비극’을통해살펴본영업비밀관리·······················23
(4)공익을위한영업비밀사용의합헌성검토····························25

Ⅱ.영업비밀의종류와요건
1.영업비밀의종류···································································28
(1)기술,경영정보······································································28
(2)제품·······················································································29
(3)제조법····················································································30
(4)혼합물·화합물·····································································31
(5)제조시설의배치····································································31
(6)고객명부···············································································31
(7)연구개발·실험자료······························································33
(8)디자인····················································································33
2.영업비밀의요건···································································33
(1)영업비밀요건에관한외국입법례········································33
(2)영업비밀요건에관한비교검토············································39
(3)영업비밀보호법상의영업비밀요건······································42
(4)‘유용성’과‘경제적가치성’의중복혼란문제·························55
(5)‘판매방법’예시의타당성여부···············································56

Ⅲ.영업비밀의경제적가치와특정
1.영업비밀의경제적가치························································58
(1)영업비밀의중요성및그경제적가치···································58
(2)영업비밀보호에의한기업이윤창출····································60
(3)강력한보호법에의한영업비밀괴물등장가능성·················62
2.영업비밀의특정···································································66
(1)영업비밀특정필요성····························································66
(2)영업비밀특정에관한우리판례의태도·······························67
(3)비밀정보의유형별차별화····················································69
(4)비밀유지명령제도··································································70

Ⅳ.영업비밀의침해
1.영업비밀침해······································································73
(1)내부자에의한침해································································73
(2)외부인에의한침해································································74
(3)계약관계자에의한침해·······················································74
2.영업비밀침해행위유형························································74
(1)부정취득행위········································································77
(2)부정취득자로부터의악의취득행위······································79
(3)부정취득행위에관한사후적관여행위··································80
(4)부정공개행위········································································81
(5)부정공개자로부터의악의취득행위······································82
(6)부정공개행위에관한사후적관여행위··································83
(7)선의자특례···········································································84
3.영업비밀침해행위유형사례및관련판례···························85
(1)영업비밀침해행위유형사례················································85
(2)영업비밀침해관련판례·······················································93

Ⅴ.영업비밀의침해구제
1.영업비밀침해에대한민사적구제······································107
(1)침해금지및예방청구권·····················································107
(2)전직금지청구권··································································108
(3)폐기,제거등청구권····························································109
(4)손해배상청구권··································································109
(5)신용회복청구권··································································110
(6)부당이득반환청구권···························································110
(7)비밀유지명령청구권···························································111
2.영업비밀침해에대한형사적구제방법·······························111
(1)형사적대응의전개······························································113
(2)영업비밀보호법상형사처벌규정의변화····························114
(3)영업비밀부정취득,사용,누설죄의구성요건·····················114
(4)일반형법에의한대응·························································115
3.영업비밀선의취득자에대한특례······································116
4.산업기술보호의의의와필요성··········································117
(1)산업기술보호필요성··························································117