Protection of Undisclosed Information. Article 39
Protection of Undisclosed Information. Each Party shall ensure in its laws and regulations effective protection of undisclosed information in accordance with Article 39 of the TRIPS Agreement.
Protection of Undisclosed Information. 1. In the course of ensuring effective protection against unfair competition, each Party shall protect undisclosed information in accordance with paragraph 2.
Protection of Undisclosed Information. 1. In order to implement Article 39 of the TRIPS Agreement, and in the course of ensuring effective protection against unfair competition as provided for in Article 10bis of the Paris Convention, each Party shall protect confidential information and data submitted to government or governmental agencies in accordance with this Article.
Protection of Undisclosed Information. (Article 12.13) Each Party shall ensure adequate and effective protection of undisclosed information, including not taking measures that limit the duration of protection of the undisclosed information stipulated in private contracts, or measures that force the disclosure of undisclosed information without legitimate reasons. Strengthening Enforcement
Protection of Undisclosed Information. Article X.43 [Placeholder for the protection of trade secrets] Article X.44 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market
Protection of Undisclosed Information. Article 39 of Section 7 Part II of the TRIPS agreement elaborates on the protections of trade secrets. A Trade Secret or undisclosed information is any information that has been intentionally treated as secret and is capable of commercial application with an economic interest. It protects information that confers a competitive advantage to those who possess such information, provided such information is not readily available with or discernible by the competitors. They include technical data, internal processes, methodologies, survey methods used by professional pollsters, recipes, a new invention for which a patent application has not yet been filed, list of customers, process of manufacture, techniques, formulae, drawings, training material, source code, etc. Trade Secrets can be used to protect valuable “know how" that gives an enterprise a competitive advantage over its competitors. The Agreement provides that natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by or used by others without their consent in a manner contrary to honest commercial practices. Further, parties are required to protect against unfair commercial uses, undisclosed or other data obtained as a condition of approving the marketing of pharmaceutical or of agricultural chemical products. There is no specific legislation regulating the protection of trade secrets. India follows common law approach of protection based on contract laws.
Protection of Undisclosed Information. Article 39 In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information:
