Cap. 589 ст. 11Conditions of application and safeguards.

(1) The competent court shall only apply the measures in article 10 upon the applicant providing evidence that may reasonably be considered available in order to satisfy itself with a degree of certainty that:

(a) a trade secret exists;

(b) the applicant is the trade secret holder; and

(c) the trade secret has been acquired unlawfully, is being unlawfully used or disclosed, or unlawful acquisition, use or disclosure of the trade secret is imminent.

(2) The competent court shall ensure that in deciding or granting or rejecting an application and assessing its proportionality, it shall take into account the specific circumstances of the case, including where appropriate:

(a) the value and other specific features of the trade secret;

(b) the measures taken to protect the trade secret;

(c) the conduct of the respondent in acquiring, using or disclosing the trade secret;

(d) the impact of the unlawful use or disclosure of the trade secret;

(e) the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties;

(f) the legitimate interests of third parties;

(g) the public interest; and

(h) the safeguard of fundamental rights.

(3) The court, upon a request of the respondent, shall revoke or otherwise cease the precautionary acts referred to in article 10, if:

(a) the applicant does not institute legal proceedings leading to a decision on the merits of the case before the competent court, within a reasonable period determined by the competent court ordering the measures where the law permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer; or

(b) the information in question no longer meets the requirements of a trade secret as defined in article 2, for reasons that cannot be attributed to the respondent.

(4) The competent court shall ensure that the measures referred to in article 10 are subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the respondent and, where appropriate, by any other person affected by the measures.

(5) Where the measures referred to in article 10 are revoked on the basis of paragraph (a) of sub-article (3), where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no unlawful acquisition, use or disclosure of the trade secret or threat of such conduct, the competent court shall have the authority to order the applicant, upon the request of the respondent or of an injured third party, to provide the respondent, or the injured third party, appropriate compensation for any injury caused by those measures.