Act 2
Trade Secrets Protection Act
2009
if the action were an action referred to in section 5.
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
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