Act 2 Trade Secrets Protection Act 2009 19. Defences. (1) In proceedings for improper disclosure or use of a trade secret, it is a defence to prove that the disclosure was required to be made to a court under an order of the court. (2) In any proceedings for improper disclosure or use of a trade secret, the defendant is not liable to the plaintiff in any respect if the defendant satisfies the court that(a) in view of the nature of the trade secret, there is, or in the case of apprehended disclosure or use there will be at the time of that disclosure or use a public interest involved in the trade secret being disclosed or used; and (b) the public interest outweighs the public interest involved in upholding the trade secret. (3) For the purposes of subsection (2), public interest in the disclosure or use of a trade secret means the interest of the public at large in being made aware of the existence of a crime, fraud, other unlawful conduct or matter affecting public health or safety in relation to the creation, composition or utilization of the trade secret. (4) When balancing the public interest involved for the purposes of subsection (2), the court shall have regard to all the circumstances of the case, including(a) the nature of the trade secret; (b) the circumstances under which the trade secret is disclosed or used by the defendant; and (c) the extent and nature of the particular disclosure or use of the trade secret in issue as compared with the extent and nature of the disclosure or use which appears to be justified by the public interest in which the defendant relies. 12