Undisclosed information, unfair competition and anti-competitive practices

This chapter deals with the provisions of the TRIPS Agreement that set out standards for protection of undisclosed information, including test data (Article 39 of Section 7 in Part II of the Agreement) and measures for the control of anti-competitive practices in licences (Article 40 of Part II of the TRIPS Agreement). It also deals with the suppression of unfair competition, a matter which is specifically referred to in Articles 22 (relating to protection of geographical indications) and 39 (relating to protection of undisclosed information), and also arises through the reference in Article 2 of the TRIPS Agreement to the Paris Convention: Article 10bis of that convention sets out general standards for the suppression of unfair competition. As for all sections of Part II, these sections have to be read together with the relevant provisions of pre-existing treaties in the area of international IP law, which are incorporated by reference into the TRIPS Agreement. Reference will be made to these treaties in the sections below. This chapter will also have to be read in conjunction with other relevant provisions of the TRIPS Agreement explained in other chapters (such as concerning non-discrimination, enforcement of IP rights and the administration of IP). Wherever appropriate, cross-references are made to other chapters.