Cap. 589 Art. 8Proportionalityand abuse of the judicial process.

(1) The competent court shall apply the measures, procedures and remedies provided for in this Act in a manner that:

(a) is proportionate;

(b) avoids the creation of barriers to legitimate trade in the internal market; and

(c) provides for safeguards against their abuse.

(2) Where an application concerning the unlawful acquisition, use or disclosure of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings abusively or in bad faith, the competent court, upon the request of the respondent, may apply appropriate measures. Such measures shall, as appropriate, include awarding damages to the respondent, imposing sanctions on the applicant or ordering the dissemination of information concerning a decision as referred to in article 15.