(1) In a lawsuit seeking damages resulting from an act in violation of this Act, the court may order the following persons not to use the trade secrets held by the party for any purpose other than proceeding with the relevant lawsuit, by a decision upon the request of a party, or not to disclose to persons other than those who have received an order under this paragraph: Provided, That this shall not apply where the following persons have already acquired the trade secrets by means other than the perusal to briefs or the examination of evidence as of the time the application is filed:

1. The other party (referring to the representative in the case of a corporation);
2. A person who represents the party in the relevant lawsuit;
3. Any other person who has become aware of the trade secrets through the lawsuit.

(2) A person who applies for an order under paragraph (1) (hereinafter referred to as “confidentiality order”) shall account for all of the following points:

1. The trade secret is contained in briefs already submitted or to be submitted, evidence already examined or to be examined, or data submitted or to be submitted pursuant to Article 39-3 (1);
2. The trade secrets referred to in subparagraph 1, if used or disclosed for purposes other than for conducting said litigation, are likely to impede the business operation of the relevant party, so that it is required to place a restriction on the use or disclosure of such trade secrets in order to prevent the impediment.

(3) An application for a confidentiality order shall be made in writing stating the following:

1. A person who will be subject to the confidentiality order;
2. The facts sufficient to specify the trade secrets to be protected by the confidentiality order;
3. Facts falling under the subparagraphs of paragraph (2).

(4) Where a decision is made to issue a confidentiality order, the court shall serve the written decision on the person to whom the confidentiality order is to be issued.

(5) A confidentiality order shall take effect when the written decision referred to in paragraph (4) is served on the person subject to the confidentiality order.

(6) An immediate appeal may be filed against a judgment that dismisses, with or without prejudice, an application for a confidentiality order.