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 utilize 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 unauthorized persons.
He shall also be liable to organize and limit the circulation of such
information within the establishment to lawfully authorized 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
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