order for reason that any of the requirements provided for in the preceding Article, paragraph (1) is lacking or has become lacking.
- (2) In the case where a ruling has been rendered on a petition for rescission of a protective order, the written decision thereof shall be served upon the person who brought said petition and upon the other side.
- (3) An immediate appeal may be lodged of a ruling on a petition for rescission of a protective order.
- (4) A ruling rescinding a protective order shall not take effect, unless and until it has become final and non-appealable.
- (5) Where the court has issued a ruling rescinding a protective order, the court shall immediately notify a person, if any (other than the person who brought the petition for rescission of the protective order and the other side), against whom another protective order may have been issued in relation to the same trade secret in the lawsuit in which the rescinded protective order was issued, of the fact that a ruling has been made to rescind the protective order first above mentioned.
(Notice, etc. of a request for inspection, etc. of the case record)
Article 114-8
- (1) In the case where a decision provided for in Article 92, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996) has been made with regard to the case record for a lawsuit in which a protective order has been issued (excluding, however, a lawsuit in which all protective orders have been rescinded), the court clerk shall, if a party has made a request, pursuant to the same paragraph, for perusal, etc. of the portions [of the case record] containing the confidential matters and if the person who has made such request is not a person against whom a protective order has been issued in the subject lawsuit, immediately after said request, give notice of such request to the party who filed the petition provided for in that paragraph (other than, however, the person who made such request; the same shall apply in paragraph (3)).
- (2) In the case referred to in the preceding paragraph, the court clerk shall not, until the end of the two week period following the day of the request provided for in the same paragraph (in the case where a petition for a protective order has been made before said day by the person undertaking the procedures for said request, then for a period until the ruling on said petition has become final and non-appealable) allow the person who, pursuant to the same paragraph, undertakes the procedures to request perusal, etc. of the portions [of the case record] containing the confidential matters.
- (3) The provisions of the preceding two paragraphs shall not apply when all parties who filed the petition provided for in Article 92, paragraph (1) of the Code of Civil Procedures consent to allow perusal, etc. of the portions [of the case
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