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.
An immediate appeal may be lodged against a decision on the petition for rescission of a protective order.
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。
A decision to rescind a protective order must not take effect until the decision becomes final and binding.
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。
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.
Read this with the articles around it
trade secret
「営業秘密」
Production methods, sales methods or other technical or business information useful for business activities that is kept under control as a secret and is not publicly known.
Defined inArticle 81, paragraph (1)
protective order
「秘密保持命令」
A court order under Article 81, paragraph (1), made by ruling at a party's request in a lawsuit under Article 24 to stop or prevent an infringement, forbidding a party, etc. (当事者等), counsel or assistant in court to use a trade secret (営業秘密) that comes up in the case for any purpose other than conducting the lawsuit, or to disclose it to anyone not bound by such an order.
Short name set inArticle 81, paragraph (2)
electronic decision
「電子決定書」
The electronic record (電磁的記録) of the court's decision issuing a protective order (秘密保持命令), made under Article 252, paragraph (1) of the Code of Civil Procedure as applied by Article 122 of that Code and recorded in a file on the court's computer, which the court must serve on the person bound by the order.
Defined inArticle 81, paragraph (3)
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.