Act 2
Trade Secrets Protection Act
2009
19. Defences.
(1) In proceedings for improper disclosure or use of a trade
secret, it is a defence to prove that the disclosure was required to be
made to a court under an order of the court.
(2) In any proceedings for improper disclosure or use of a trade
secret, the defendant is not liable to the plaintiff in any respect if the
defendant satisfies the court that(a) in view of the nature of the trade secret, there is, or in the case
of apprehended disclosure or use there will be at the time
of that disclosure or use a public interest involved in the
trade secret being disclosed or used; and
(b) the public interest outweighs the public interest involved in
upholding the trade secret.
(3) For the purposes of subsection (2), public interest in the
disclosure or use of a trade secret means the interest of the public at
large in being made aware of the existence of a crime, fraud, other
unlawful conduct or matter affecting public health or safety in
relation to the creation, composition or utilization of the trade secret.
(4) When balancing the public interest involved for the purposes
of subsection (2), the court shall have regard to all the circumstances
of the case, including(a) the nature of the trade secret;
(b) the circumstances under which the trade secret is disclosed
or used by the defendant; and
(c) the extent and nature of the particular disclosure or use of the
trade secret in issue as compared with the extent and
nature of the disclosure or use which appears to be
justified by the public interest in which the defendant
relies.
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