The Japan Fair Trade Commission is the defendant in the action for the judicial review of an administrative disposition provided for in Article 3, paragraph (1) of the Administrative Case Litigation Act (Act No. 139 of 1962) in connection with a cease and desist order, etc.
If an action to suspend or prevent an infringement pursuant to the provisions of Article 24 has been filed, the court may issue a ruling ordering the plaintiff to provide adequate security, at the petition of the defendant.
In order to file the petition set forth in the preceding paragraph, the fact that the action set forth in the paragraph has been filed for a wrongful purpose (meaning for the purpose of acquiring a wrongful benefit, for the purpose of harming another person, or for any other wrongful purpose) must be shown by prima facie evidence.
When an action to suspend or prevent an infringement under the provisions of Article 24 has been filed, the court is to notify the Japan Fair Trade Commission to that effect.
When an action set forth in the preceding paragraph has been filed, the court may ask for the opinion of the Japan Fair Trade Commission with respect to the application of this Act in the case concerned or with respect to other necessary matters.
When an action set forth in paragraph (1) has been filed, with the permission of the court, the Japan Fair Trade Commission may state an opinion to the court on the application of this Act in the case concerned or with respect to other necessary matters.
In an action to suspend or prevent an infringement under the provisions of Article 24, upon petition of a party, the court may order a party to produce any documents or electronic or magnetic records (meaning records used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies hereinafter) necessary to prove the alleged infringement; provided, however, this does not apply if the holder of the documents or the person with authority to use the electronic or magnetic records has justifiable grounds for refusing to produce them.
If the court finds it to be necessary in order to ascertain the existence of a justifiable reason prescribed in the proviso to the preceding paragraph, it may require the holder of the documents or a person with authority to use electronic or magnetic records to produce them. In this case, no person may request disclosure of the produced documents or electronic or magnetic records.
In cases under the preceding paragraph, if the court finds it necessary to disclose the documents or electronic or magnetic records prescribed in the second sentence of the preceding paragraph, and to hear the opinions of a party, etc. (meaning a party (or for a corporation, meaning its representative), an agent (excluding a counsel or an assistant), an employee, or any other worker of a party; the same applies in paragraph (1) of the following Article) on whether there is a justifiable reason prescribed in the proviso to paragraph (1), it may disclose the relevant documents or electronic or magnetic records to the party, etc., a counsel or an assistant.
The provisions of the preceding three paragraphs apply mutatis mutandis to the production of objects for inspection necessary to prove the alleged acts of infringement in an action to suspend or prevent an infringement under the provisions of Article 24.
In an action to suspend or prevent an infringement under the provisions of Article 24, if a prima facie showing of both of the following grounds has been made with regard to a trade secret (meaning a trade secret as provided in Article 2, paragraph (6) of the Unfair Competition Prevention Act (Act No. 47 of 1993); the same applies hereinafter) held by a party to the action, the court may order the parties, etc., counsel, or an assistant not to use the trade secret for any purpose other than pursuing the action, and not to disclose the trade secret to anyone other than a person subject to the order prescribed in this paragraph provided, however, that this does not apply if the party, etc., counsel, or the assistant had already acquired or held the trade secret by means other than reading the brief prescribed in item (i) or through the examination or disclosure of evidence prescribed in the same item:
the trade secret held by the party, is written in an already-produced or to-be-produced brief, or included in the contents of already-examined or to-be-examined evidence (including documents or electronic or magnetic records disclosed pursuant to the provisions of paragraph (3) of the preceding Article); and
the party's business activities based on the trade secret under the preceding item are likely to be hindered by the use of the relevant trade secret for a purpose other than conduct of suit or its disclosure, and it is necessary to restrict the use or disclosure of the trade secret in order to prevent this.
A petition for the order prescribed in the preceding paragraph (hereinafter referred to as the "protective order") must be in writing and include the following matters:
一
秘密保持命令を受けるべき者
a person to whom the protective order is to be issued;
二
秘密保持命令の対象となるべき営業秘密を特定するに足りる事実
facts that are sufficient for identifying the trade secret to be the subject to the protective order; and
三
前項各号に掲げる事由に該当する事実
facts that fall under the grounds listed in each of the items of the preceding paragraph.
When the court issues a protective order, it must serve an electronic decision (meaning an electronic or magnetic record prepared pursuant to the provisions of the Article 252, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the provisions of the Article 122 of the Code (limited to one that is recorded in a file stored on a computer used by the court pursuant to the provisions of the Article 253, paragraph (2) of the Code as applied mutatis mutandis pursuant to the provisions of the Article 122 of the Code); the same applies hereinafter) on the person to whom the protective order was issued.
第四項
秘密保持命令は、秘密保持命令を受けた者に対する電子決定書の送達がされた時から、効力を生ずる。
A protective order takes effect when an electronic decision is served on the person to whom the protective order was issued.
第五項
秘密保持命令の申立てを却下した裁判に対しては、即時抗告をすることができる。
If the court dismisses a petition for a protective order, the party may lodge an immediate appeal against the decision.
A petitioner for a protective order or a person to whom a protective order was issued may file a petition for rescission of the protective order with the court that retains the case record (if no such court exists, the court that issued the protective order) on the grounds that the requirements prescribed in paragraph (1) of the preceding Article have not been met or are no longer met.
When the court makes a decision on a petition for rescission of a protective order, it must serve an electronic decision on the petitioner and the adverse party.
第三項
秘密保持命令の取消しの申立てについての裁判に対しては、即時抗告をすることができる。
An immediate appeal may be lodged against a decision on the petition for rescission of a protective order.
第四項
秘密保持命令を取り消す裁判は、確定しなければその効力を生じない。
A decision to rescind a protective order must not take effect until the decision becomes final and binding.
When a court has rendered a decision to rescind a protective order, if the court had issued a protective order for the protection of the trade secret against any person other than the petitioner for rescission of the protective order or the adverse party during the same action in which the protective order was issued, the court must immediately notify the person of its decision to rescind the protective order.