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Contents
PREAMBLE
PART I General
Provisions and Basic Principles
PART II Standards
Concerning the Availability, Scope and Use of
Intellectual Property Rights
1. Copyright
and Related Rights
2. Trademarks
3. Geographical
Indications
4. Industrial
Designs
5. Patents
6. Layout-Designs
(Topographies) of Integrated Circuits
7. Protection
of Undisclosed Information
8. Control
of Anti-Competitive Practices in Contractual Licences
PART
III Enforcement
of Intellectual Property Rights
1. General
Obligations
2. Civil
and Administrative Procedures and Remedies
3. Provisional
Measures
4. Special
Requirements Related to Border Measures
5. Criminal
Procedures
PART
IV Acquisition
and Maintenance of Intellectual Property Rights and
Related Inter-Partes Procedures
PART
V Dispute
Prevention and Settlement
PART
VI Transitional
Arrangements
PART
VII Institutional
Arrangements; Final Provisions
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Section
7: protection of undisclosed information back to top
Article
39
1. 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.
2. 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 (10)
so long as such information:
(a) is
secret in the sense that it is not, as a body or in the
precise configuration and assembly of its components,
generally known among or readily accessible to persons
within the circles that normally deal with the kind of
information in question;
(b) has
commercial value because it is secret; and
(c) has
been subject to reasonable steps under the circumstances,
by the person lawfully in control of the information, to
keep it secret.
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.
Section
8: control of anti-competitive practices in contractual licences back to top
Article
40
1. Members
agree that some licensing practices or conditions
pertaining to intellectual property rights which restrain
competition may have adverse effects on trade and may
impede the transfer and dissemination of technology.
2. Nothing
in this Agreement shall prevent Members from specifying
in their legislation licensing practices or conditions
that may in particular cases constitute an abuse of
intellectual property rights having an adverse effect on
competition in the relevant market. As provided above, a
Member may adopt, consistently with the other provisions
of this Agreement, appropriate measures to prevent or
control such practices, which may include for example
exclusive grantback conditions, conditions preventing
challenges to validity and coercive package licensing, in
the light of the relevant laws and regulations of that
Member.
3. Each
Member shall enter, upon request, into consultations with
any other Member which has cause to believe that an
intellectual property right owner that is a national or
domiciliary of the Member to which the request for
consultations has been addressed is undertaking practices
in violation of the requesting Member’s laws and
regulations on the subject matter of this Section, and
which wishes to secure compliance with such legislation,
without prejudice to any action under the law and to the
full freedom of an ultimate decision of either Member.
The Member addressed shall accord full and sympathetic
consideration to, and shall afford adequate opportunity
for, consultations with the requesting Member, and shall
cooperate through supply of publicly available
non-confidential information of relevance to the matter
in question and of other information available to the
Member, subject to domestic law and to the conclusion of
mutually satisfactory agreements concerning the
safeguarding of its confidentiality by the requesting
Member.
4. A
Member whose nationals or domiciliaries are subject to
proceedings in another Member concerning alleged
violation of that other Member’s laws and regulations on
the subject matter of this Section shall, upon request,
be granted an opportunity for consultations by the other
Member under the same conditions as those foreseen in
paragraph 3.
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Note
10.
For the purpose of this provision, “a manner
contrary to honest commercial practices” shall mean
at least practices such as breach of contract, breach of
confidence and inducement to breach, and includes the
acquisition of undisclosed information by third parties
who knew, or were grossly negligent in failing to know,
that such practices were involved in the acquisition. back to text
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