21
The confidentiality of information, and the attendant rights to prevent others from infringing
such information, shall subsist insofar as the information is considered undisclosed according to the
provision of Article 55.
The rights conferred on the person who is lawfully in control of undisclosed information shall
be limited to the prevention of others from infringing such information by perfom1ing any act which
is contrary to fair commercial practices, as stipulated in Article 58. The person who is lawfully in
control may resort to court in case of proven perpetration by a third party of any of those acts.
Article 58
The following acts shall be deemed, in particular, to be contrary to fair commercial practices,
and to constitute acts of unfair competition:
(1)
Bribery to acquire the information from employees working at the establishment which owns
the information.
(2)
Incitement of employees to disclose information acquired by virtue of their employment.
(3)
Disclosure by a party in "confidential information contracts" of information thus acquired.
(4)
Acquisition of information, from the place where it is preserved, through illicit means, such
as theft, espionage or the like.
(5)
Acquisition of information through fraudulent means.
(6)
Use of information acquired by any of the previous means by a third party aware of its being
confidential and that it was acquired by one of the above means.
Shall be deemed to constitute an act of infringement of undisclosed information, the
consequences of the stated acts by way of disclosing, acquiring or using such information by a third
party without being authorised by the lawful owner.
Article 59
The following acts shall not be deemed to be contrary to fair commercial practices:
(1)
Acquisition of information from available public sources such as libraries, including patent
office libraries, public government records and published research, studies and reports.
(2)
Acquisition of information by exerting personal independent efforts to extract information
through examination, testing and analysis of products in circulation which incorporate the
undisclosed information.
(3)
Acquisition of information as a result of efforts of scientific research, innovation, invention,
development, modification and improvement exerted by persons independently from the
owner of undisclosed infonnation.