against whom an order pertaining to such trade secrets has been issued pursuant to the provisions of this paragraph, where a prima facie showing has been made that each of the reasons listed below applies; provided, however, that the foregoing shall not apply where, at the time of such petition, the party, etc. [against which the petitioned order is sought to be issued], trial counsel [against which the petitioned order is sought to be issued] or assistant in court [against which the petitioned order is sought to be issued] had already acquired or possessed such trade secrets by means other than through inspection of the briefs as provided for in item (i) or the examination of evidence or the disclosure provided for in that item.
- (i) trade secrets in the possession of such other party appear in briefs already produced or to be produced, or such trade secrets are contained in the evidence already examined or to be examined (including documents disclosed pursuant to the provisions of Article 114-3, paragraph (3));
- (ii) trade secrets provided for in the preceding item are to be used for purposes other than in the furtherance of said lawsuit, or it is likely that disclosure of such trade secrets will impede a party's business activities that are based upon such trade secrets, and in order to prevent such impediment, it is necessary to restrict the use or disclosure of such trade secrets.
- (2) The petition for the order pursuant the provisions of the preceding paragraph (hereinafter referred to as a "protective order") must be in writing, stating the following matters:
- (i) the person to whom the protective order is to issue;
- (ii) facts sufficient to identify the trade secrets to be subject matter of the protective order;
- (iii) facts respectively constituting the reasons provided for in each of the two items of the preceding paragraph.
- (3) In the case where a protective order has been issued, a written decision thereof must be served upon the person against whom such protective order will issue.
- (4) The protective order shall become effective from the time when the written decision has been served upon the person against whom such protective order will issue.
- (5) An immediate appeal may be lodged against a ruling dismissing a petition for a protective order.
(Rescission of protective order)
Article 114-7
- (1) The person who petitioned for a protective order and any person against whom such protective order was issued may each petition the court with whom the case record resides (or if there is no court with whom the case record resides, then the court which issued the protective order) to rescind the protective
