Switzerland
United Arab Emirates
Undisclosed Information
10. Please explain in detail if your legislation ensures that undisclosed test or other data submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agricultural chemical product is protected against disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, when applying subsequently for market authorisation for his own product. Does your legislation provide for exceptions to this? If yes, under what conditions would such exceptions apply? Does your legislation set a specific term of protection for undisclosed test or other data of the first applicant?
The 1992 Patent and Industrial Design Law No. 44 (Articles 39-42) governs the protection of know-how. According to this Law, protection of undisclosed information related to the know-how should ensured through a contract concluded for this purpose. In all cases, the holder shall take the necessary steps to preserve the confidentiality of its information. The Civil Service Act prevents from any disclosure of information made by the public servant. Article 39 of the 1992 Patent and Industrial Design Law No. 44 indicates that know-how is protected against any unlawful use, disclosure or communications by third parties unless it has been published or made available to the public.