 Protection of data under unfair competition law in Japan and Korea—a case of asymmetric convergence?Nari Lee Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 2, 135-142 Abstract: This article explores the question of overlap in unfair competition law in Japan and Korea and discusses whether the introduction of a general clause could address the problem of overlap. Positive laws regulating unfair competition in Japan and Korea have adopted a similar set of rules based on specific conduct regulation, with some variation. Notably, Korean law now prohibits the unfair use of another’s achievement based on an open clause, complementing the specific list of prohibited conduct.The article first presents an overview of unfair competition law in Japan and Korea, highlighting the requirements for protection and limitations, and then explores the problem of overlapping claims surrounding data misappropriation.Contrasting the legislative techniques used by Japan and Korea, this article notes that an open norm may provide the judiciary with an interpretative tool to dynamically address emerging unfair conduct. However, as there is a danger of limiting free competition and potential internal inconsistencies, to avoid asymmetric convergence, open norms should be carefully coordinated with specific conduct prohibitions, with clear prioritization. Date: 2024 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:oup:jiplap:v:19:y:2024:i:2:p:135-142. Access Statistics for this article Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider More articles in Journal of Intellectual Property Law and Practice from Oxford University Press |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.