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Announced Date:
2008.04.22
Caution:
asynchronous interpretation to current effictive laws
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These directions are established to regulate the confidentiality measures the court shall take in handling a case involving the motion for confidentiality preservation order filed by the party pursuant to the Intellectual Property Case Adjudication Act.
 
Unless otherwise provided for by law, cases in which the court handles confidentiality preservation orders shall be governed by these directions.
 
Except for submitting to the court during the hearings, if documents containing trade secrets are delivered to the court’s mail room, the mail room staff shall ask the person submitting the document to seal the same and act in accordance with these directions.
 
Where a motion for confidentiality preservation order is submitted to the mail room, the mail room staff shall conduct a close examination to determine if there is anything suspicious on the seal of the envelope. If anything suspicious is detected, a description stating the reason must be recorded. The envelope of written submission regarding the motion for confidentiality preservation order must not be opened. After an entry for the submission is made on the special registration book, the envelope shall be delivered to the allocation staff of the relevant division/office to be forwarded to the court clerk of relevant court section for signature and receipt of the envelope.
 
Upon receiving the written submission regarding the motion for confidentiality preservation order, the court clerk shall promptly revert such submission to the judge for acknowledgment, and then seal the submission in the special envelope with specifying information including relevant court section, case number of the main action, subject matter, number of pages, number of motion(s), number of attachment(s), on the envelope which will be dated, signed and forwarded to the division/office for assignment.
 
A motion for confidentiality preservation order shall be separately assigned to the court section adjudicating on the main action or preservation of evidence. Dossiers compiled for such motions shall have a different color from other dossiers.
 
Dossiers, evidence and materials relating to confidentiality preservation orders shall be stored and kept by the person designated by the head of the organization. A person wishing to access such dossiers, evidence and material shall sign up, and information such as the person accessing the materials, the person returning the materials, and time and purpose shall be recorded. A safe or other metal box/cabinet with security protection function shall be prepared and locked with a safety lock for storing the materials. A surveillance system may be installed if necessary.
In case of secondment or termination of the designated person in the preceding paragraph, the person shall create a list showing the dossiers, evidence and materials in his/her custody and deliver them item by item to the person replacing him/her.
 
Every person present at a confidentiality preservation order negotiation meeting shall keep the contents of the meeting confidential. Meeting materials shall not be taken out of the meeting place and shall be checked and collected by the court on the spot after the meeting.
 
A backup of the audio recording taken in court for a confidentiality preservation order case shall be made during the hearing and stored in the evidence bag attached to the dossier and sealed, dated and signed by the court clerk.
Once the backup of the recording is completed, the transcript on the computer and audio files shall both be erased.
 
Accessing confidentiality preservation order dossiers, reviewing documents and filing of documents shall be personally handled and personally delivered or placed into the safety box for delivery by the court clerk.
 
When a person subject to a confidentiality preservation order applies to peruse, transcribe or photograph the documents in a dossier, the court clerk shall handle the matter in person, review the instructions on restricted disclosure or use of confidentiality preservation orders, and immediately report to the judge in charge of the case to confirm the scope of perusal, transcription or photography.
When a person not subject to a confidentiality preservation order or a third person applies to peruse, transcribe or photograph the documents in a dossier, the court clerk shall immediately notify the person filing a motion for confidentiality preservation order, who shall make a final decision on whether or not the applicant may review, transcribe or photograph the documents within 14 days.
The court clerk shall not deliver any documents in a dossier for perusal, transcription or photography during the above prescribed time.
Where a person filing a motion for confidentiality preservation order files a motion for confidentiality preservation order or for restricting or prohibiting perusal, transcription or photography against the person applying for perusal, transcription or photography within 14 days of receipt of the notification in the second paragraph above, the court clerk shall not make delivery before a final decision is made on such motion.
 
In returning the documents containing trade secrets, the court clerk shall keep written records and have the applicant sign on the spot before returning the documents to him or her.
 
When a dossier of confidentiality preservation orders is to be borrowed within the same court, a borrowing form must be completed and the signature and approval of the judge in charge of the action is required before the dossier may be borrowed.
When another court wishes to borrow a dossier of confidentiality preservation orders, it shall file an application in writing for approval of the judge in charge of the action before the dossier may be borrowed.
The borrowing form and written information mentioned in the preceding two paragraphs shall be attached to the dossier.
 
The court clerk shall proofread a judgment in person and have the document stamped with the seal. No person supervising the process shall be allowed to review the contents of the judgment.
 
A person subject to confidentiality preservation order may agree to receive the order in person at court or appoint a special agent to receive the order at court on his or her behalf.
 
After a ruling on revocation of confidentiality preservation order becomes final, in addition to applicant and respondent, all other persons subject to confidentiality preservation order shall be notified with the summary of the revocation.
 
In case a dossier of documents permitting confidentiality preservation orders that is to be filed contains any trade secrets, the person in charge shall indicate the filing date and sign on the seal of the special filing envelop before making delivery to the archives office for filing.
In filing an original ruling on confidentiality preservation order attached with trade secrets, the provisions in the preceding paragraph shall apply.
 
In checking and receiving dossiers of confidentiality preservation orders and the original rulings, the archives staff may only review the information stated on the envelope without opening the envelope. Envelopes shall be returned for correction if the information thereon is incomplete.
 
Dossiers and original rulings shall be separately kept in a safe or other metal box/cabinet with security protection function that is locked with a safety lock and managed by the supervisor of the archives office or other designated person.
In case of secondment or termination of the person in charge of management in the preceding paragraph, the person shall create a list showing the files in his/her custody and deliver them item by item to the supervisor of the archives office or other designated person.
The borrowing of dossiers and original rulings in the first paragraph above for perusal shall conform to Article 13.
 
In the event of divulgence, loss, destruction or other imminent danger of a dossier, evidence and original ruling of a confidentiality preservation order, a report shall be promptly made to the supervisor of the organization for proper action and necessary protection measures shall be taken.
 
These directions shall come into effect as of the date the Intellectual Property Case Adjudication Act comes into effect.