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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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pharmaceutical
[
Global Index
]
ARTICLE-39
[
go to this ARTICLE
]
... 3.
Members
, when requiring, as a
condition
of approving the marketing of
pharmaceutical
or of
agricultural
chemical
products
which utilize 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 where necessary to
protect
the
public
, or unless
steps
are taken to ensure that the
data
are
protected
against unfair
commercial
use. ...
ARTICLE-70
: Protection of Existing Subject Matter [
go to this ARTICLE
]
... 8. Where a
Member
does not make available as of the
date
of
entry into force
of the WTO
Agreement
patent
protection
for
pharmaceutical
and
agricultural
chemical
products
commensurate with its
obligations
under
Article
27
, that
Member
shall: ...
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