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Article 39

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Chapter Summary

The protection of undisclosed information in particular is based on the understanding that there is a growing demand for the transfer of technology. Apart from parent provisions of the Paris convention, Article 39 constitutes the first multinational instrument for the protection of valuable information that has not been part of the concepts of either industrial property or copyright. The purpose of the provision is to facilitate trade by tackling the trade barrier which consists of an excessive requirement that company secrets not be disclosed. The underlying assumption is that a lack of protection of trade secrets impedes research and development, the engine of economic progress. The risk of disclosure of information to competitors in the course of a long-lasting admission procedure for pharmaceuticals may illustrate the economic value of certain information.

Keywords: Paris convention; protection; provisions



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