According to section 8, subsection 4:
"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:
(a) 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 purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilise new chemical entities; or
(b) the disclosure of such data, except:
(i) where necessary to protect the public; and
(ii) where steps are taken to ensure that the data are protected against unfair commercial use."
