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VII - Undisclosed information, unfair competition and anti-competitive practices

Published online by Cambridge University Press:  17 November 2020

Edited by
Antony Taubman ,
Hannu Wager  and
Jayashree Watal
Antony Taubman
Affiliation:
World Trade Organization
Hannu Wager
Affiliation:
World Trade Organization
Jayashree Watal
Affiliation:
World Trade Organization
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Summary

This chapter deals with the provisions of the TRIPS Agreement that set out standards for protection of undisclosed information, including test data (Article 39 of Section 7 in Part II of the Agreement) and measures for the control of anti-competitive practices in licences (Article 40 of Part II of the TRIPS Agreement). It also deals with the suppression of unfair competition, a matter which is specifically referred to in Articles 22 (relating to protection of geographical indications) and 39 (relating to protection of undisclosed information), and also arises through the reference in Article 2 of the TRIPS Agreement to the Paris Convention: Article 10bis of that convention sets out general standards for the suppression of unfair competition.

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A Handbook on the WTO TRIPS Agreement , pp. 136 - 145
Publisher: Cambridge University Press
Print publication year: 2020

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