(a) industrial or commercial espionage;
(b) breach of contract;
(c) breach of trust;
(d) instigation to commit one of the acts referred to in subparagraphs (a) to (c);
(e) acquisition of confidential information by a third party who knew that such
acquisition involved one of the acts referred to in subparagraphs (a) and (b) or whose
ignorance of that fact constituted gross negligence.
(3) For the purposes of this Article, information shall be considered “confidential”
when
(a) in its totality or in the configuration or exact assembly of its elements, it is not
generally known to persons belonging to the circles that normally deal with that type of
information or is not readily available to them;
(b) it has a commercial value because it is confidential;
(c) its lawful holder has taken reasonable precautions, in view of the circumstances, to
keep it confidential.
(4) Any act or practice which, in the course of industrial or commercial activities,
constitutes or leads to
(a) dishonest use in commerce of confidential data obtained from tests or other
confidential data whose production requires considerable effort and which have been
communicated to a competent authority for the purpose of obtaining authorization to market
pharmaceutical products or chemical products for agriculture comprising new chemical
entities, or
(b) disclosure of such data, except where necessary to protect the public or unless
measures have been taken to ensure that the data are protected against dishonest use in
commerce,
shall be considered an act of unfair competition.
Article 7
Disorganization of a Competing Enterprise
and of the Market
Any act or practice which, in the course of industrial or commercial activities, is liable
to disorganize a competing enterprise, its market or the market of the profession concerned,
shall constitute an act of unlawful competition.
Disorganization may be achieved by:
(a) suppression of advertising;
(b) diverting of orders;
(c) practicing abnormally low prices;
(d) disorganizing the sales network;
(e) poaching staff;
(f) inducing staff to strike;
(g) failure to comply with the regulations on the exercise of the activity concerned.