Förstärkt skydd för företagshemligheter, SOU 2008:63 - Regeringen

Summary SOU 2008:63extracts of such documents for which it may be searching. Theservice shall also be able to engage the assistance of experts andmay permit the applicant to assist with information when makingthe investigation. The other party shall be entitled to summon legalcounsel.Request for a certain document to be exemptedWe propose that the applicant's opponent should have an opportunityto request that a particular document or other documentationshould not be disclosed to the applicant. Such a request may bepresented if the other party considers that enforcement has extendedto something that should be exempted because disclosure wouldviolate the principle of proportionality, since the document containssensitive information; for instance, concerning the business secretsof the party investigated or because a written document is subjectto the seizure prohibition contained in Chapter 27, Section 2 of theCode of Judicial Procedure. The request should be presented to theKronofogdemyndigheten (Swedish Enforcement Service), whichmust immediately seal up the document subject to the request andhand it over to the court that made the decision for the investigationof evidence. The court shall promptly consider whether thereis any reason not to disclose the document or the documentationto the applicant.Business secrets held by public authorities, etc.Our remitAccording to our Terms of Reference, the current rules on howauthorities are to deal with business secrets allegedly inhibit thepropensity of business operators to initiate a consideration of analleged attack of their business secrets. The Inquiry was required toanalyse certain issues in conjunction with this and to deliberate onwhether anything can and should be done to rectify any problemsobserved.36