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Report on the Study of Test Data Protection in India

This book deals with the nature of obligation cast upon India under Article 39(3) of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement to protect testdata submitted by the pharmaceutical and agrochemical industries for market approval. It examines in detail the law relating to trade secret protection under common law and the application of these principles for protecting testdata. The development of the international norms for protection of testdata from Paris Convention to TRIPS Agreement and the different interpretations regarding the nature of obligation under TRIPS are dealt in detail. The analysis of the current Indian law regarding protection of testdata submitted under the Drugs and Cosmetics Act, 1940, Insecticides Act, 1968 along with the divergent views expressed by the Indian Pharmaceutical industries regarding nature of protection is the major focus of the study. The book highlights the inadequacies of the existing Indian law to comply with the obligations under TRIPS Agreement and proposes amendments based on the principles of trade secret protection.

Prof. N.S. Gopalakrishnan
Adv. Benoy K. Kadavan
Eastern Book Company, Lucknow, 2005
Executive Summary

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