ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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Data Exclusivity in Pharmaceuticals: Little Basis, False Claims

Article 39.3 of the World Trade Organisation's agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that undisclosed pharmaceutical test data should remain undisclosed in order to prevent its unfair commercial use. Explaining the historical context and the textual interpretation of Article 39.3, this paper examines whether such data exclusivity is justified. While the pursuit of data exclusivity may be viable for the pharmaceutical industry in the US and EU, the situation is altogether different for developing countries such as India, where pursuing data exclusivity could prove to be detrimental to its pharmaceutical industry.

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