Trips Agreement Art 39

3. Any member consults, upon request, any other member who believes that an IP holder, who is a national law holder, or the member to whom the request for consultation has been addressed, practices contrary to the laws and regulations of the requesting member in this area. , and who wishes to ensure compliance with this legislation, without prejudice to the measures provided by the law and the full freedom of a final decision of one of the two Member States. The member in question takes into consideration and offers an appropriate opportunity to consult with the applicant member and works by providing non-confidential information accessible to the public, relevant to the issue in question, and other information available to the member, subject to domestic law and the conclusion of satisfactory agreements for both parties on the respect of its confidentiality by the requesting member. together. 1. Members agreed that certain practices or licensing conditions related to intellectual property rights, which restrict competition, can have negative effects on trade and hinder the transfer and dissemination of technologies. 1. As part of the guarantee of effective protection against unfair competition in accordance with Article 10 bis bis of the Paris Convention (1967), members protect undisclosed information referred to in paragraph 2 and data transmitted to governments or government agencies in accordance with paragraph 3. 2. Individuals and corporations have the option of preventing, without their consent, that information subject to its control is not disclosed, acquired or used by others without their consent, as long as such information is secret: a) in the sense that it is not as an entity, nor in the exact configuration and assembly of its components. , known or easily accessible to people in circles that normally deal with the nature of the information involved; 3. Members require that, in order to allow pharmaceutical or agricultural chemicals using new chemical units to be brought to market, undisclosed test data or other data that has been extensively effortd, such data be protected from unfair commercial use.

In addition, members protect this data from disclosure, unless it is necessary to protect the public or no action is taken to ensure that the data is protected from unfair commercial use. 2. This agreement does not prevent members from stating in their legislation the licensing practices or conditions which, in some cases, may constitute an abuse of intellectual property rights detrimental to competition in the market in question. As noted above, a member may adopt, under the other provisions of this agreement, appropriate measures to prevent or control such practices, such as exclusive grantback conditions, conditions to prevent validity challenges and mandatory packaging authorizations, in light of the relevant laws and regulations of that member. 4. A member whose nationals or sub-agencies have commenced proceedings in another Member State for alleged violation of the laws and regulations of that other member in this section is, upon request, open to the possibility of consultation with the other member under the conditions set out in paragraph 3. (c) has been properly monitored in the present circumstances by the person who lawfully controls the information in order to keep it secret.

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