The purpose of “Secret Protective Order” system is to balance the protection of one party’s trade secret and that of the other party’s right to be heard. However, it does not mean that the owner of the trade secret can only petition writ of secret protective order, and cannot request the court to restrict access to the files of the litigation related information according to the provision mentioned previously. It is true that a violation of the secret protective order leads to criminal responsibility. However, a trade secret is irrecoverable. It becomes public information once it is disclosed. Criminal punishment for the violation of the secret protective order cannot compensate the damages suffered by the owner of the trade secret. Accordingly, if the owner of the trade secret petitions the Court to enjoin disclosing the trade secret to the opposing party, the Court should not consider that the existence of the secret protective order is sufficient for the protection of the petitioner, and simply dismiss the petition. Before the Court makes its decision, the court shall consider the nature of the owner’s trade secrets and the level of secrecy (common classified information or key technical confidential information), the damages the approval would cause to both parties (the damage which may be caused by the claimant’s trade secret being disclosed, the obstruction of the counter party’s right to be heard) and the level of the damages to both parties.

Trade Secret, Secret Nature, Secret Protective Order, Reading, Irrecoverable Nature