Ministry of Justice, Guiding Opinions on Strengthening the Protection of Trade Secrets and Confidential Business Information in the Course of Administrative Permission Procedures (Draft for Comments)

Issued: August 14, 2020

Main contents: When an applicant submits application materials to the administrative permission authority, it shall expressly indicate the key confidentiality points, and may not indiscriminately consider all the materials as trade secrets or confidential business information (Article 3).

Where the public matters in an applicant's application disclosed in a government information disclosure involve trade secrets or confidential business information, the administrative permission authority has the option not to make the same public. If it decides to make the same public, it shall first seek the opinion of the holder of the rights in the trade secrets or confidential business information, and it may not make the same public without the authorization or consent of the holder of the rights therein, unless otherwise provided in law or if national security or a major public interest is involved. If the administrative permission authority is to make the trade secrets or confidential business information of the holder of the rights therein public in accordance with the law, it shall permit the rights holder to raise an objection thereto within a reasonable period of time; and if the rights holder deems that the act by the administrative permission authority would infringe upon its lawful rights and interests, it may apply for administrative reconsideration or institute an administrative procedure in accordance with the law (Article 7).