(a) The proposed Law (proposed Section 142(6)(b)) provides for the protection of undisclosed information under the Law of unfair competition.
(b) Any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others, of undisclosed information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices constitutes an act of unfair competition.
(c) Information shall be considered "undisclosed information" if :
(i) it is not, as a body or in the precise configuration and assembly of its components, generally known among, or readily accessible to, persons within the circles that normally deal with the kind of information in question;
(ii) it has actual or potential commercial value because it is secret; and
(iii) it has been subject to reasonable steps under the circumstances by the rightful holder to keep it secret.
Any act or practice, in the course of industrial or commercial activities, shall be considered an act of unfair competition if it consists or results in;
(1) an unfair commercial use of secret test or other data, the origination of which involves considerable effort and which have been submitted to a competent authority for the purpose of obtaining approval, of the marketing of pharmaceutical or agricultural or chemical products which utilize new chemical entities, or
(2) the disclosure of such data, except where necessary to protect the public, or unless steps have been taken to ensure that the data is protected against unfair commercial use.
The undisclosed information for the purpose of the Code shall include :
(i) technical information related to the manufacture of goods or the provisions of services; or
(ii) business information which includes the internal information which an enterprise has developed so as to be used within the enterprise.
(d) The aggrieved persons may seek civil remedies including injunctions and damages. Moreover, any unauthorized disclosure of undisclosed information also constitutes a punishable offence.
