(1) If, in the context of trade secret disputes, a party credibly demonstrates that its economic situation would be seriously jeopardised if it had to bear the costs of litigation calculated on the basis of the full value in dispute, the court may, upon such party’s application, order that the obligation of this party to pay the court fees be assessed on the basis of a part of the value in dispute adjusted to its economic situation.
(2) The order under subsection (1) also has the following consequences:
1. the benefiting party also has to pay its lawyer’s fees only on the basis of the adjusted part of the value in dispute,
2. where costs of litigation are imposed upon or assumed by the benefiting party, this party is to reimburse the opposing party for paid court fees and the fees of its lawyer only on the basis of the adjusted value in dispute and
3. where the extra-judicial costs are imposed upon or assumed by the opposing party, the lawyer of the benefiting party may recover his or her fees from the opposing party based on the value in dispute applying to the opposing party.
(3) The application under subsection (1) is to be made prior to the hearing of the case on its merits. The application is subsequently admissible only if the assumed or specified value in dispute is increased by the court. The application may be declared before and recorded with the registry of the court. The opposing party is to be heard prior to the decision on the application.