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.