(1) In a claim for damages resulting from an act in violation of this Act, the court may order the following persons not to use the trade secrets held by the party for any purpose other than proceeding with the relevant lawsuit, by a decision upon the request of a party, or not to disclose to a person who has not received an order under this paragraph by an order related to the trade secrets; provided, this shall not apply where the following persons have acquired the trade secrets by means other than the perusal of briefs or discovery prior to the application:
1. The other party (referring to the representative in the case of a corporation);
2. A person who represents the party in the relevant lawsuit;
3. Any other person who has become aware of the trade secrets through the lawsuit.
(2) A person who applies for an order under paragraph (1) (hereinafter referred to as "confidentiality order") shall account for all of the following points:
1. That the trade secrets are included in any of the following data:(a) Briefs that have already been submitted or need to be submitted;(b) Evidence that has already been examined or needs to be examined;(c) Data that have been submitted or need to be submitted under Article 35-2 (1);
2. That it is likely to impede the business of the relevant party if the trade secrets contained in the data listed in subparagraph 1 are used or disclosed for purposes other than proceeding with the relevant lawsuit, and to prevent that, it is necessary to restrict the use or disclosure of the trade secrets.
(3) An application for a confidentiality order shall be made in writing stating the following:
1. The person to whom the confidentiality order is to be issued;
2. Facts sufficient to specify the trade secret to be subject to the confidentiality order;
3. Facts falling under the subparagraphs of paragraph (2).
(4) Where a decision is made to issue a confidentiality order, the court shall serve the written decision on the person to whom the confidentiality order is to be issued.
(5) The confidentiality order takes effect from the time the written decision under paragraph (4) is served.
(6) An immediate appeal may be filed against a judgment that dismisses, with or without prejudice, an application for a confidentiality order.[This Article Added on Aug. 17, 2021]