| Intellectual Property Case Adjudication Act Article 18June 4, 2014 |
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Where no action has been initiated, a motion for preservation of evidence shall be made to the court where the action is to be brought; where the action has been initiated, such motion shall be made to the court where the action is pending. The court may inspect, examine or preserve documentary evidence when preservation of evidence is ordered. The court may order a Technical Examination Officer to execute his duties on site when preservation of evidence is ordered. "Where an opposing party has no grounds to refuse an order of preservation of evidence, the court may enforce such order by force, but only to the extent necessary, and may request assistance from the police to execute such order if necessary. Where preservation of evidence may violate the trade secrets of an opposing party or a third party, the court may, upon a motion by the movant or the opposing party or third party, set limits on or prohibit the presence of the persons on the premises of the preservation of evidence, and may preserve the evidence separately, or set limits on or prohibit the review of the evidence. Articles 11 through 15 shall apply mutatis mutandis to situations concerning violation of trade secrets described in the preceding paragraph. "When necessary, the court may execute a preservation of evidence order through the district court in the locality of the domicile of the party being interrogated, or of the place where the evidence is located. When the assigned court executes a preservation of evidence order, Paragraphs 2 through 6 shall apply. |
| Intellectual Property Case Adjudication Act Article 11June 4, 2014 |
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Where any one of the following situations occurs with respect to trade secrets held by a party or a third party, the court may, upon motion along with preliminary proof by such party or third party, issue a confidentiality preservation order upon the other party, agent, assistant ad litem, or other related party to the action: "1. Contents of a party's pleadings disclose its own trade secrets or those of a third party, or evidence-taking that has been or is to be made involves trade secrets of a party or a third party. "2. Limitation on discovery or use is required so as to prevent the discovery or use of the trade secrets in the preceding paragraph being intended for purposes other than those related to the case, and there are concerns of obstruction to the party's or the third party's business operation as a result of the disclosure of the trade secrets. "The preceding paragraph does not apply where the other party, agent, assistant ad litem, or other related party has obtained or possessed such trade secrets through means other than the document review or evidence-taking prescribed in the Paragraph 1 of the preceding paragraph. "The person subject to a confidentiality preservation order shall not use the trade secrets for purposes other than those related to the case, nor shall he disclose said trade secrets to those not subject to the order. Details > |
| Intellectual Property Case Adjudication Act Article 12June 4, 2014 |
A motion seeking a confidentiality preservation order shall specify in writing the following: "1. The persons to be subject to the confidentiality preservation order; "2. The trade secrets to be protected by such order; and "3. The fact that conditions described in Paragraph 1 of the preceding article are met. Details > |
| Intellectual Property Case Adjudication Act Article 13June 4, 2014 |
A ruling granting a confidentiality preservation order shall specify the trade secrets to be protected, grounds for such protection, and content of the prohibition. "When a confidentiality preservation order is granted, such ruling shall be served to the movant and persons subject to the order. "A confidentiality preservation order shall become effective upon being served to the person subject thereto. "An appeal may be filed if a motion for a confidentiality preservation order is denied by the court. Details > |
| Intellectual Property Case Adjudication Act Article 14June 4, 2014 |
A person subject to a confidentiality preservation order may file a motion to revoke such order with the court at which the action is pending when the requirements specified in Paragraph 1, Article 11 are not met, or when the situation described by Paragraph 2, Article 11 occurs, or when the grounds of such order no longer exist. However, when a judgment of the principal case becomes final, the motion to revoke the confidentiality preservation order shall be made to the court that grants the order. "Movant of a motion to preserve confidentiality may file for the revocation of such order. "The ruling revoking a confidentiality preservation order shall be served to the movant and the opposing party. "An appeal may be filed against the ruling in the preceding paragraph. "A confidentiality preservation order shall become void when the ruling revoking such order becomes final. "When a ruling revoking a confidentiality preservation order becomes final, the court shall notify, in addition to the movant and the opposing party, any other persons subject to the confidentiality preservation order of the revocation of such order. Details > |
| Intellectual Property Case Adjudication Act Article 15June 4, 2014 |
In an action where a confidentiality preservation order has been granted, the court clerk shall immediately notify the movant of the order of any application made by anyone not subject to the order or prohibition or limitation of review for review, transcription or videotaping of the dossier documents. This does not apply if the ruling revoking the confidentiality preservation order becomes final. Under the circumstances in the preceding paragraph, the court clerk shall not deliver the dossier documents for review, transcription, or videotaping for 14 days from the date the movant or the third party is notified. If within 14 days of notification, the movant or the third party files for a motion for a confidentiality preservation order or requests limitation on or prohibition of review, the court clerk shall not deliver the dossier documents until the ruling on such motion becomes final. Where the movant of a confidentiality preservation order agrees to the application described in the first paragraph, the second paragraph shall not apply. Details > |
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