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Cap. 589 · Trade Secrets Act (Cap. 589)

Cap. 589 Art. 15Publication of judicial decision.

PART III - MEASURES, PROCEDURES AND REMEDIES

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(1) In legal proceedings instituted for the unlawful acquisition, use or disclosure of a trade secret, the competent court may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including publishing it in full or in part.

(2) Any measure referred to in sub-article (1) shall preserve the confidentiality of trade secrets as provided for in article 9.

(3) In deciding whether to order a measure referred to in sub-article (1) and when assessing its proportionality, the competent court shall take into account, where appropriate, the value of the trade secret, the conduct of the infringer in acquiring, using or disclosing the trade secret, the impact of the unlawful use or disclosure of the trade secret, and the likelihood of further unlawful use or disclosure of the trade secret by the infringer:

Provided that, the competent court shall also take into account whether the information on the infringer would be such as to allow a natural person to be identified and, if so, whether publication of that information would be justified, in particular in the light of the possible harm that such measure may cause to the privacy and reputation of the infringer.