Section 108 - Trade secrets

(1) The owner of a trade secret or a person authorised by the owner of a trade secret has a privilege to refuse to disclose, and to prevent any other person from disclosing, the trade secret unless the value of the disclosure of the trade secret substantially outweighs the disadvantages caused by its disclosure.

(2) In making a determination as to the existence or otherwise of the privilege the presiding officer shall consider

(a) whether the trade secret is adequately protected by patent, trade-mark, copyright or any other law, and

(b) whether adequate protection can be provided by disclosure of the trade secret in chambers or in any other appropriate manner.

(3) Where disclosure of a trade secret is required, a Court on its own motion or at the request of a party, may take an appropriate action to protect the trade secret from further disclosure or unauthorised usage.