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.

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