preserve such information.
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 performing 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
authorized by the lawful owner.
Article 59
The following acts shall not be deemed to be contrary to fair commercial
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