(1) If a party establishes a prima facie case of the party's trade secret on any of the following grounds in legal proceedings on infringement of a patent or exclusive license, the court may, upon the party's request, order the other party (if the party is a corporation, its representative), the person who represents the other party in the legal proceedings, or any other person who becomes aware of the trade secret in the course of the legal proceedings not to use the trade secret for any purpose other than continuance of the legal proceedings, and not to disclose the trade secret to any person other than the persons in receipt of the order under this paragraph in connection with the trade secret: Provided, That the foregoing shall not apply where the other party (if the party is a corporation, its representative), the person who represents the other party in the legal proceedings, or any other person who becomes aware of the trade secret in the course of the legal proceedings has already acquired the trade secret by any means other than inspection of trial briefs and examination of evidence referred to in subparagraph 1 before the request is filed: <Amended on Mar. 29, 2016>
1. The trade secret is included in a trial brief already submitted or to be submitted, in an evidentiary material already examined or to be examined, or materials submitted or to be submitted pursuant to Article 132 (3);
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 legal proceedings, and thus the use or disclosure of such trade secret needs to be restricted to prevent such hindrance.
(2) A request for an order under paragraph (1) (hereinafter referred to as "order to maintain confidentiality") shall be filed in writing, declaring the following matters:
1. The person to whom the order to maintain confidentiality shall be issued;
2. Facts sufficient for specifying the trade secret to be protected by the order to maintain confidentiality;
3. The facts relevant to the ground under any subparagraph of paragraph (1).
(3) When a court decides to issue an order to maintain confidentiality, it shall serve a written decision on the persons to whom the order to maintain confidentiality is issued.
(4) An order to maintain confidentiality shall take effect when the written decision under paragraph (3) is served on the persons to whom the order to maintain confidentiality is issued.
(5) An immediate appeal may be filed against a decision to reject a request for an order to maintain confidentiality, with or without prejudice.[This Article Wholly Amended on Jun. 11, 2014]