Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under The US-Jordan Free Trade Agreement?
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Date
2016-08-01
Authors
Armouti, Wael
Nsour, Mohammad F.A.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Article 39.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) requires that all members of the World Trade Organization (WTO) take measures to protect the confidential test data submitted by originator pharmaceutical companies as a part of their bid to attain regulatory approval for New Chemical Entities (NCEs). Specifically, members must protect this data against “disclosure” and “unfair commercial use.” Essentially, this broad prescription in Article 39.3 gives WTO members the freedom to set their own rules by allowing them to interpret the Article’s principal terminology and, further, by permitting WTO members to choose the proper approach with which to implement this article.
Description
48 pages
Keywords
Intellectual property, Trade agreements, Pharmaceutical companies, World Trade Organization
Citation
17 Or. Rev. Int'l. L. 259 (2016)