2. Trade Secret Under TRIPs Agreement Paris convention and Trade Related Aspect of Intellectual Property Righ's (TRIPs) Agreement are two major documents in IP management and rights enforcement. Article 39.1 of the TRIPs Agreements provide that “in course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention, member shall protect “undisclosed information” of the sort which is described in paragraphs 2 and 3 of Article 39. Paragraph? Sa — Scanned with CamScannerwa Wade Secret 143 scribes the general ca OTY of confidential informationy whi deco 14 cOUREES through judge-made law, rather th ade pis) defines as. act of unfaecompetition any vcctor Ait nest practices i industrial and commercial practcer Article se he particular practices which ae fo be rohited. The TRIPS tars were anxious to preserve the confidentially of test data sreement NEEO! resid to government approval agencies. Civen the fang approval pro mary for. pharmaceutical products, the opportunity, for wrongful popraton of such data By compels vas self evident, This concern is aPPrvimodated by Article 9.3 which provites that bers, requiring as a condition of approving, {re marketing of ‘tural chemical products which utilize new pharmaceutical ot of agri Fyemical entries, the submission of undisclosed test or other data, the Grigination which involves @ considerable effort, shall protect such data se unfair commercial use. In addition, Members shall protect such data saat disclosure except where necessary aBnis! ‘unfair commercial use. MP Gnould be noted that article 29.3 contains ‘hs limitations, First, it applies only to pharmaceutical prods and chemical agricultural products ly the protection is extended only again ‘unfair competition uses: ghd thirdly the government authority is ‘Exempted from the requirement of and ential in the public interest. Thus, it has ber hheld that a government cerrediting agency may use the confidential est idata of an applicant when ae dering applications by other applicant in resPo%! ‘of similar products Sinan the specifications of an invention relatable 9 98 article substance covered under sub-section (2) of section 5 have best recorded in a document Gr the invention has been tried or used, or the article or the substance has teen old, By a person, before a claim for a patent of that invention is made fendi or a convention country, then, the sale oF distribution of the article or substance by such person, after the claim referred to above is made, shall Haaeeea fo be an infringement of exclusive right (© sell or distribute under sub-section (1): Provided nothing in this sub-section shall makes or uses an article or a substances Witt ame the details of invention relatable thereto WS ET Holding an exclusive right to sell or distribute the article apply ina case where a person a eFew to sell or distribute the mnby a person who Was or substance ‘Scanned with CamScanner