WORLD TRADE
ORGANIZATIONIP/C/W/319/Add.2
14 November 2002
(02-6325)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from Thailand
Addendum
By means of a communication from the Permanent Mission of Thailand, dated
6 November 2002, the Secretariat has received the following response to a question posed by
Switzerland in document IP/C/W/3781.
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Ad response to question 6:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of
an agricultural chemical product, please speci fy whether the responsible State Agency will
require the same amount of data from a second  applicant requesting market authorisation for a
similar or identical product as from the first applicant.
Pursuant to the question posed by Sw itzerland (document No. IP/C/W/378 dated
12 September  2002), asking Thailand whether the responsible State Agency will require the same
amount of data from a second applicant requesting marketing authorization for a similar or identical
product as from the first applicant, we have the pleasure to inform you that the responsible State
Agency will determine whether the same amount of data required on a case by case basis subject to
the content of the applicant.  We would appreciate it if you could kindly bring our response to theattention of the TRIPS Council.
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1 This question was posed after the completion of the review of Thailand's implementing legislation at
the Council's meeting on 25-27 June 2002.