(1) Where one party has explained all the following grounds about trade secrets (referring to trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act) it possesses in a lawsuit concerning infringement on trademark rights or exclusive license, the court may, at the request of one party, order the other party (in cases of a corporation, referring to its representative), a person who brings a lawsuit on behalf of one party, or other persons who have learned such trade secrets due to such lawsuit not to use the trade secrets for any purpose other than carrying on the lawsuit, or not to disclose the trade secrets to any person other than those who have received an order under this paragraph related to the trade secrets by decision: Provided, That the foregoing shall not apply where the other party (in cases of a corporation, referring to its representative), a person who brings a lawsuit on behalf of one party, or other persons who have learned trade secrets due to such lawsuit have already acquired such trade secrets through a method other than the perusal of prepared documents under subparagraph 1 for the taking of evidence:
1. Trade secrets are included in prepared documents already submitted or to be submitted, or evidence already taken or to be taken;
2. Because the use of trade secrets under subparagraph 1 for purposes other than carrying on the relevant lawsuit or the disclosure thereof is likely to interfere with one party's business, it is necessary to restrict the use or disclosure of such trade secrets.
(2) A request for an order under paragraph (1) (hereinafter referred to as "order to maintain confidentiality") shall be made in writing stating the following:
1. Those who are to receive an order to maintain confidentiality;
2. Facts enough to specify trade secrets subject to an order to maintain confidentiality;
3. Facts constituting grounds under the subparagraphs of paragraph (1).
(3) Where the court decides to issue an order to maintain confidentiality, it shall serve a written decision on those who have received an order to maintain confidentiality.
(4) An order to maintain confidentiality shall take effect from the time when a written decision under paragraph (3) is served on those who have received an order to maintain confidentiality.
(5) One party may immediately appeal a decision to dismiss or reject a request for issuing an order to maintain confidentiality.