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Complying with article 39 of TRIPS... a myth or evolving reality?

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  • Ganguli, Prabuddha

Abstract

In the lengthy process for a new pharmaceutical material to progress from innovation to marketplace, the crucial step of gaining statutory authorisation to offer the product to the public involves the creation of large volumes of data. This article explores the way in which this data is, could, or should be protected. Aspects covered include the relevant articles of TRIPS (39 and 70.9), and the protection potentially provided by official secrets acts, trade secrets and confidentiality provisions and exclusive marketing rights. The article concludes with a tabulated summary of the relevant legislation, and term of protection provided, in over 60 countries worldwide.

Suggested Citation

  • Ganguli, Prabuddha, 2003. "Complying with article 39 of TRIPS... a myth or evolving reality?," World Patent Information, Elsevier, vol. 25(4), pages 329-333, December.
    • Handle: RePEc:eee:worpat:v:25:y:2003:i:4:p:329-333
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