Intellectual Property Case Adjudication Rules Article 42

The holder of such evidence as a document, object for inspection, data required for appraisal etc. as described in the proviso of Paragraph 1, Article 34 of the Act may refuse to submit said evidence if the evidence involves its trade secrets and disclosure of the evidence is likely to cause harm to the holder, provided the court may order submission by the holder in a manner not open to the public, if deemed necessary after considering whether there are justifiable grounds for the holder's refusal.Where the court deems it necessary to hear the opinion of a related party to the action in the circumstance described in the proviso of the preceding paragraph, it shall order discovery of the evidence in whole or in part in a manner not open to the public, and may, before ordering discovery, instruct the holder to file a motion for a confidentiality preservation order to be issued to the party to whom disclosure is made.In the circumstance described in the preceding paragraph, the court may not order discovery until the ruling on the motion for a confidentiality preservation order becomes conclusive.The court shall determine whether the holder of evidence has a justifiable ground for refusing to furnish the relevant document or object for inspection or not, by deliberating on the connection between the trade secret and fact to be established, availability of an alternative evidentiary method or requirement on presumption of facts, possibility of moving for a confidentiality preservation order, and other circumstances