20 PART III UNDISCLOSED INFORMATION Article 55 Undisclosed information shall be protected under the provisions of this Law when they meet the following criteria: (1) Information which is confidential, in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known or common among those involved in the industrial art within the scope of which the information falls. (2) Information that has commercial value because it is confidential. (3) Information that depends on the effective measures taken by the person lawfully in control of it, to keep it confidential. Article 56 Protection conferred by the provisions of this Law shall extend to undisclosed information that involved a considerable effort, submitted on request to the competent authorities for marketing of pharmaceutical or agrochemical products, which utilise new chemical components necessary for the tests undertaken to allow such marketing. The competent authorities who receive such information shall protect it against disclosure and unfair commercial use from the date of its submission to the competent authorities until it is no longer confidential, or for a period not exceeding five years, whichever comes first. Disclosure of information, by the competent authorities, where necessary to protect the public shall not be deemed to constitute an infringement of the information owner’s rights. Article 57 The person lawfully in control of undisclosed information shall take all appropriate measures to preserve the confidentiality of such information and prevent its circulation amongst unauthorised persons. He shall also be liable to organise and limit the circulation of such information within the establishment to lawfully authorised persons, to preserve and prevent the leakage of such information to third parties. The person who is lawfully in control of such information shall not be exempt from liability when others infringe the information, unless he proves that he has exerted reasonable and adequate efforts to preserve such information.

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