Förstärkt skydd för företagshemligheter, SOU 2008:63 - Regeringen

Summary SOU 2008:63Securing evidenceOur remitThe Inquiry’s Terms of Reference in this respect was to adopt aposition as regards whether provisions on investigation of evidenceshould be introduced into the FHL, in which connection we alsohad to take into account Sweden's international commitments.Is a measure to secure evidence required in connection with an attackon business secrets?The TRIPS Agreement means that Sweden has an obligation toprovide rapid and effective interim measures to preserve evidenceof relevance for attacks on business secrets. The Inquiry considersit doubtful whether this obligation can be deemed to have beencompletely implemented in current Swedish legislation.We consider that there is a need to introduce a measure withinthe FHL for securing evidence. A regulation must maintain highdemands for legal security, particularly for those subject to such aninvestigation.Rules concerning a new measure for securing evidence should beintroduced into the FHLWe propose that rules concerning a new measure for securing evidenceare introduced into the FHL. This protective measure shouldbe formulated in a way basically corresponding to the provision oninfringement investigations in the case of infringements of intellectualproperty. The measure, which should be called an 'investigation ofevidence', means that, on application, a court can decide that aninvestigation to search for evidence may be conducted at the premisesof a person who may reasonably be assumed to have attacked abusiness secret under the FHL. Investigation of evidence may onlybe conducted at the premises of the suspected attacker and consequentlynot at that of a third party.A search may be made for objects and documents that may bedeemed relevant to the investigation. However, the investigationmay not include written documents covered by the 'seizure pro-34