P.R. Laws tit. 10, § 4139
(a) In any action filed whereby misappropriation of an industrial or trade secret is alleged under this chapter, the plaintiff, before discovery of proof, shall describe the trade secret as specifically as possible, but without disclosing the same.
(b) In any action filed under this chapter, the court shall keep the confidentiality of the alleged industrial or trade secret and take measures as it believes to be necessary, which may include, among others, the issue of a protective order that ensures confidentiality, holding closed hearings, keeping the records of such action sealed, and ordering any person involved in the lawsuit not to disclose the industrial or trade secret without the previous authorization of the court.
(c) Before ordering the discovery of information classified by its owner as an industrial or trade secret, the court shall determine whether the party that requests the discovery is in substantial need of such information. For purposes of this chapter, a “substantial need” shall be deemed to exist if the following circumstances are present:
(1) The allegations presented with the purpose of establishing the existence or absence of liability, have been presented in a specific manner;
(2) the information for which discovery is sought is directly relevant to the allegations presented in a specific manner;
(3) the nature of the information for which discovery is sought is such that the party seeking its discovery would sustain substantial damages if access to such information is not allowed, and
(4) there is the belief, in good faith, that the testimony or evidence generated by such information that is a part of the trade secret shall be admissible at trial.
(d) The court shall not order direct access to databases that contain information that is a part of a trade secret, unless the court finds that the party proposing the discovery is unable to obtain such information through any other means and that such information is not privileged.
(e) By request of the owner of an industrial or trade secret, the court may make the discovery of such industrial or trade secret contingent upon the posting of an appropriate bond.
(f) Any industrial or trade secret discovered under this chapter may only be disclosed to the persons identified in the order issued by the court, and may only be used or disclosed within the court proceedings in which its discovery is authorized.
(g) Any person who receives information that is a part of an industrial or trade secret under this chapter shall be subject to the jurisdiction of the courts of the Commonwealth of Puerto Rico.
(h) When an industrial or trade secret is discussed or disclosed at trial or in a hearing, the court shall order the removal from the courtroom of any persons whose presence is not indispensable to continue court proceedings, and the owner shall be allowed to obtain confidentiality agreements individually signed by all persons present at the courtroom or who are party to any proceeding in which the trade secret is discussed, presented or otherwise disclosed if such persons have not previously executed a confidentiality agreement with the owner of such industrial or trade secret.
(i) Any information that is a part of an industrial or trade secret, and any copy, duplicate, document or any other means that reflects or contains such trade secret information or any portions or excerpts thereof shall be returned to the owner of such trade secret upon conclusion of lawsuit proceedings, or destroyed to the owner’s satisfaction.
History
—June 3, 2011, No. 80, § 11.