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Patents (Amendment) Act 2011

REPUBLIC OF VANUATU

PATENTS (AMENDMENT) ACT
NO. 14 OF 2011

Arrangement of Sections

1 Amendment
2 Commencement

Assent: 20/12/2011
Commencement: 06/02/2012

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PATENTS (AMENDMENT) ACT
NO. 14 OF 2011

An Act to amend the Patents Act No. 2 of 2003.
Be it enacted by the President and Parliament as follows-

1 Amendment
The Patents Act No. 2 of 2003 is amended as set out in the Schedule.

2 Commencement
This Act commences on the day on which it is published in the Gazette.

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SCHEDULE

AMENDMENTS OF PATENTS ACT NO. 2 OF 2003

1 After section 12
Insert,

“12A Protection of undisclosed test or other data

(1) Subject to subsection (2), if an application referred to in section 12 is in relation to:

(a) pharmaceutical chemicals; or

(b) agricultural chemicals,

which use new chemical entities and require, as a condition of approving the marketing of those products, the submission of undisclosed test or other data, the origination of which involves a considerable effort, the Registrar must protect such data against unfair commercial use.

(2) The Registrar may disclose any test or other data referred to in subsection (1) only if:

(a) it is necessary for protection of the public; or

(b) steps are taken to ensure that the data are protected against unfair commercial use.”