
June 1, 2023
Cheongchul Law Firm (Attorneys in charge: Lee Young-kyung, Bae Gi-hyung, Eom Sang-yun) has recently obtained a decision to grant a petition for a confidentiality order under Article 14-4 of the Unfair Competition Prevention Act.
A confidentiality order under the Unfair Competition Prevention Act refers to the court's order that prohibits the parties involved in a lawsuit related to intellectual property rights from using or disclosing the trade secrets beyond the purpose of the lawsuit when there is a risk that trade secrets submitted in the litigation process may be inadvertently revealed to the opposing party. This order is issued when trade secrets are included in the prepared documents or evidence submitted in the litigation process.
Cheongchul Law Firm actively explained to the court at the hearing date for the petition regarding the necessity of restricting the use or disclosure of the trade secrets based on the actions of the respondent.
It was emphasized that the prepared documents or evidence submitted by the applicant contained trade secrets, and
the need to restrict the use or disclosure of the trade secrets was highlighted based on the actions of the respondent.
The court accepted Cheongchul's arguments and issued a confidentiality order prohibiting the respondent from using or disclosing the applicant's trade secrets for purposes other than the main lawsuit.
Once a confidentiality order is issued, the recipient is under an obligation to maintain confidentiality, and those who violate this obligation may face criminal penalties. Therefore, parties involved in lawsuits related to trade secrets should consider applying for a confidentiality order to protect their trade secrets. Hearings may take place, and if they do, it is necessary to actively justify the need for granting based on the required conditions.
Cheongchul Law Firm promises to continue to do its best for the interests of its clients.

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