(1) Where all of the following reasons with respect to a trade secret held by the party in a lawsuit for damages filed pursuant to Article 109 are explained, a court may order the other party (referring to its representative in cases of a corporation), a person representing the party for the lawsuit, and other persons who have become aware of the trade secret in the course of the lawsuit, not to use the trade secret for any purpose other than the continuance of the relevant lawsuit proceedings or not to disclose the trade secret to anyone other than a person who has been issued with an order under this paragraph relating to the trade secret; provided, this shall not apply where the other party (referring to its representative in cases of a corporation), a person representing the party for the lawsuit, and other persons who have become aware of the trade secret in the course of the lawsuit have already acquired the trade secret by means other than the perusal of the preliminary documents or the examination of evidence under subparagraph 1:
1. The trade secret is contained in preliminary documents already submitted or to be submitted, evidence already examined or to be examined, or materials submitted or to be submitted pursuant to Article 111(1);
2. The trade secret referred to in subparagraph 1 is likely to hinder the party's business operations, if used or disclosed for any purpose other than the continuance of the relevant lawsuit proceedings, and thus the use or disclosure of such trade secret needs to be restricted to prevent such hindrance.
(2) In order to apply for an order under paragraph (1) (hereinafter referred to as "confidentiality order"), the party shall do so in writing, stating the following:
1. The person to whom a confidentiality order shall be issued;
2. The facts sufficient for specifying the trade secret to be protected by a confidentiality order;
3. The facts relevant to the grounds under the subparagraphs of paragraph (1).
(3) When a court decides to issue a confidentiality order, it shall serve a written decision on the person to whom the order is to be issued.
(4) A confidentiality order shall take effect when the written decision under paragraph (3) is served on the person to whom the order is issued.
(5) An immediate appeal may be filed against a decision to dismiss with or without prejudice a request for a confidentiality order.