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ARTICLE · 07 NOVEMBER 2006

Data Exclusivity & Patents Unrelated

Lex Orbis
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The seven different forms of intellectual property rights stipulated in TRIPS are patents, copyrights, trademarks, industrial designs, geographical indications, protection of IC layout design and protection of undisclosed information. Each one is independent of each other and protects different aspects of an inventive work and extends different rights to the owner.

IndiaIntellectual Property
Manisha Singh
Manisha Singh
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The seven different forms of intellectual property rights stipulated in TRIPS are patents, copyrights, trademarks, industrial designs, geographical indications, protection of IC layout design and protection of undisclosed information. Each one is independent of each other and protects different aspects of an inventive work and extends different rights to the owner. TRIPS in Article 39 dealing with the protection of undisclosed information (trade secrets), deals invariably with non-disclosure of data meaning thereby data exclusivity.

Article 39.3 of TRIPS on Protection of Undisclosed Data states: "Members, when requiring, as condition of approving the marketing of pharmaceutical or agricultural chemicals products which utilise new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except

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