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• [시리즈] 지식재산연구총서 [12]

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Ⅰ. 영업비밀 보호 일반론
1. 영업비밀 보호제도 일반 ·························································· 8
(1) 영업비밀의 보호와 입법 배경 ·················································· 8
(2) 영업비밀 보호제도의 특성 ····················································· 10
(3) 타 법률과의 관계 ··································································· 12
2. 영업비밀의 개관 ··································································· 14
(1) 영업비밀의 개념 및 의의 ······················································· 14
(2) 영업비밀 보호제도의 목적 및 취지 ········································ 15
3. 영업비밀의 법적 성격 ··························································· 18
(1) 본질에 관한 학설 및 비교 ······················································ 19
(2) 판례를 통해 본 학설 적용 ······················································ 21
(3) ‘공유재의 비극’을 통해 살펴본 영업비밀 관리 ······················· 23
(4) 공익을 위한 영업비밀 사용의 합헌성 검토 ···························· 25
Ⅱ. 영업비밀의 종류와 요건
1. 영업비밀의 종류 ··································································· 28
(1) 기술, 경영 정보 ······································································ 28
(2) 제품 ······················································································· 29
(3) 제조법 ···················································································· 30
(4) 혼합물·화합물 ····································································· 31
(5) 제조시설의 배치 ···································································· 31
(6) 고객 명부 ··············································································· 31
(7) 연구개발·실험자료 ······························································ 33
(8) 디자인 ···················································································· 33
2. 영업비밀의 요건 ··································································· 33
(1) 영업비밀 요건에 관한 외국 입법례 ········································ 33
(2) 영업비밀 요건에 관한 비교검토 ············································ 39
(3) 영업비밀보호법상의 영업비밀 요건 ······································ 42
(4) ‘유용성’과 ‘경제적 가치성’의 중복 혼란 문제 ························· 55
(5) ‘판매방법’ 예시의 타당성 여부 ··············································· 56
Ⅲ. 영업비밀의 경제적 가치와 특정
1. 영업비밀의 경제적 가치 ························································ 58
(1) 영업비밀의 중요성 및 그 경제적 가치 ··································· 58
(2) 영업비밀 보호에 의한 기업이윤 창출 ···································· 60
(3) 강력한 보호법에 의한 영업비밀괴물 등장 가능성 ················· 62
2. 영업비밀의 특정 ··································································· 66
(1) 영업비밀 특정 필요성 ···························································· 66
(2) 영업비밀 특정에 관한 우리 판례의 태도 ······························· 67
(3) 비밀 정보의 유형별 차별화 ···················································· 69
(4) 비밀유지명령제도 ·································································· 70
Ⅳ. 영업비밀의 침해
1. 영업비밀 침해 ······································································ 73
(1) 내부자에 의한 침해 ································································ 73
(2) 외부인에 의한 침해 ································································ 74
(3) 계약 관계자에 의한 침해 ······················································· 74
2. 영업비밀 침해행위 유형 ························································ 74
(1) 부정취득 행위 ········································································ 77
(2) 부정취득자로부터의 악의취득 행위 ······································ 79
(3) 부정취득행위에 관한 사후적 관여행위 ·································· 80
(4) 부정공개 행위 ········································································ 81
(5) 부정공개자로부터의 악의취득 행위 ······································ 82
(6) 부정공개행위에 관한 사후적 관여행위 ·································· 83
(7) 선의자 특례 ··········································································· 84
3. 영업비밀 침해행위 유형 사례 및 관련 판례 ··························· 85
(1) 영업비밀 침해행위 유형 사례 ················································ 85
(2) 영업비밀 침해 관련 판례 ·············