PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2725 ^ Artidc9 Coafideatial Information (Trade Secrets) In the course of ensuring eRective protection against unfiur competition is provided in Article lObis of the Paris Convention (1967), each Party shall protect confidential information in accordance with paragraph 2 below and data submitted to govenunent or governmental agencies in accordance with paragraphs S and 6 below. Each Party shall providethe legal means for any person to prevent confidential information from being disclosed to, acquired by, or used byothers without the consent oftheperson lawfully in control of the information in a manner contrary to honest commercial practices, in so far as, and for so long as: A. the information is not generally known or readily ascertainable; B. the information has commercial value because it is secret; and C. the person lawfiiliy in control of the information has taken reasonable steps under the circumstances to keep It secret. For the purposes of this Agreement, 'in a manner contrary tohonest 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 iafomation by third parties who knew, or were negligent in failing to know, that such practices were involved in the acquisition Neither Party may discourage or impedethe voluntary hcensing of confidential information byimposing excessive or discriminatory conditions on such licenses or conditions thatdilute the value of the confidential information. If a Party requires, as a condition for approving the marketing of pharmaceutical or agrochemical products, the submission of undisclosed test or other data, the origination of which involves a considerable effort, the Party shall protect such data against unfair commercial use. In addition, each Party shall protect such data against disclosure, except where necessary to protect the public Each Party shall provide that for data of a type referenced in paragraph S that are submitted to the Party alter the date of entry into fort* of this Agrecmem. no other applicam for product approval may, without permission of the person that submitted them, rely on that data in support of an application for product approval during a reasonable period of time after their submission. For this purpose, a reasonable period shall normally mean not less than five years from the date on which the Party granted approval to the person that -»- fc>'
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