Bagher Ansari; Hussain Zand
Abstract
Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection ...
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Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection of test data carried out by countries are based on their largescalepolicies and in proportion to their extent of development. This hascaused a remarkable diversity in forms of protection. Protection of testdata has been considered in international instruments. The mostsignificant one is the Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals withprotection of test data. This article first attempts to define test data and toreview necessity for tools of test data protection based on Article 39.3 ofTRIPS. Then, it proposes a suitable form of protection for Iran as adeveloping country.
