 
  WORLD TRADE  
ORGANIZATION  IP/Q/PAK/1/Add.1 
IP/Q2/PAK/1/Add.1 
IP/Q3/PAK/1/Add.1 IP/Q4/PAK/1/Add.1 
4 October 2004 
 
 
(04-4141) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
 
PAKISTAN 
 
Addendum
 
  
 The present document reproduces a response by th e delegation of Pakistan to an additional 
question put to it by Switzerland in the context of th e review of Pakistan's legislation at the Council's 
meeting of 27-28 November 2001.
1  
 
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I. RESPONSE TO A QUESTION POSED BY SWITZERLAND 
D. P
ROTECTION OF UNDISCLOSED INFORMATION  
Additional question:  
 Referring to the issue of unfair commercial us e of data submitted by an applicant to the 
responsible State Agency in the procedure for ma rket authorization of a pharmaceutical or of 
an agricultural chemical product, please spec ify whether the responsible State Agency will 
require the same amount of data from a second applicant requesting market authorization for a similar or identical product as from the first applicant. 
  As of 1 January 2005, patents for pharmaceuti cal and agricultural chemical products will be 
granted under section 1(3) of the Patents Ordinance 2 000.  The issue of unfair commercial use of data 
submitted to a responsible State Agen cy was answered in th e last set of questions (Question 11 in this 
Mission's letter No. Econ. 1/39/2 001-TRIPS, dated 25 February 2002)
2 where the protection allotted 
to undisclosed information was listed citi ng different provisions of various laws. 
 
 With regard to the question of whether a sec ond applicant requesting market authorization for 
a similar or identical product as from the first app licant would be required to provide the same amount 
of data, the answer is tentatively yes.  Since for all practical purposes this request would be treated independently as a new application.  
 
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1 The minutes of this meeting have been circulated as document IP/C/M/34. 
2 [Secretariat note] circulat ed in document IP/Q/PAK/1. 