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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


_________________


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.


_______________


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.”



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