(1) Where all of the following grounds have been substantiated in regard to the trade secrets owned by any party in a lawsuit against the infringement of copyright or other rights protected pursuant to this Act (excluding rights to receive remuneration under Articles 25, 31, 75, 76, 76-2, 82, 83, 83-2 and 101-3; hereafter in this Article the same shall apply), the court may, by decision, order the other party, an agent representing the party in the lawsuit or other persons who have become aware of the trade secrets from the lawsuit to neither use such trade secrets for purposes other than the purpose of continuing the lawsuit, nor disclose such trade secrets to persons other than those related to the trade secrets and issued with the order under this paragraph, upon request of the party ; provided, this shall not apply where, until such request is made, the other party, an agent representing the party in the lawsuit or other persons who have become aware of the trade secrets from the lawsuit have already obtained such trade secrets by means other than the perusal of preparatory documents or evidence examination under subparagraph 1: <Amended on Aug. 8, 2023>
1. That trade secrets are included in preparatory documents to have already been submitted or to be submitted, or in evidence (including information provided pursuant to Article 129-2 (4)) to have already been investigated or to be investigated;
2. That the use or disclosure of trade secrets under subparagraph 1 for purposes other than the purpose of carrying out the lawsuit is likely to harm the business of the party, and thus it is necessary to restrict the use or disclosure of trade secrets in order to prevent such harm.
(2) The application for an order under paragraph (1) (hereinafter referred to as "order of confidentiality") shall be made in documents stating the following matters:
1. Those who are to receive an order of confidentiality;
2. The facts that are sufficient to identify the trade secrets subject to order of confidentiality;
3. The facts relevant to the ground under any subparagraph of paragraph (1).
(3) Where an order of confidentiality has been decided, the written decision shall be served on the party subject to order of confidentiality(4) Order of confidentiality shall take effect from the time the written decision under paragraph (3) is served on the party subject to it.
(5) An immediate appeal may be made against the ruling that has dismissed or dismissed without prejudice the application for an order of confidentiality.[This Article Added on Dec. 2, 2011]