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 information.
(4) Acquisition and use of known and available information which
circulates among those involved in the industrial art within the scope
of which the information falls.
Article 60
The person who is lawfully in control of undisclosed information, or
his successor, may assign such information to third parties, against
or without compensation.
Article 61
Without prejudice to any more severe punishment stipulated under any
other law, any person who uses an illegal means to disclose information
protected by the provisions of this Law, acquire or use such an
information while aware of its confidentiality and that it was acquired
by such illegal means, shall be punishable by a fine of not less than
10,000 pounds and not more than 50,000 pounds.
In case of repetition, the punishment shall be an imprisonment for a
period of not more than two years and a fine of not less than 50,000
pounds and not more than 100,000 pounds.
Article 62
The provisions of Articles 4, 33, 35 and 42 shall apply to this Chapter.
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