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Data Exclusivity Demand In EFTA-India Deal: Access, Licensing, Other Implications

 
• By Vibha Ravi

The contentious issue of data exclusivity came to the fore during the European Free Trade Association's negotiations with India for a Free Trade Agreement. What are the arguments in support and against, including impact on compulsory and voluntary licensing?

Intellectual Property Rights A Representative Image
Intellectual Property, Including Data, Has Been At The Heart of EFTA-India Trade Negotiations • Source: Shutterstock

The contentious issue of data exclusivity has came to the fore once again after recent speculation that India could succumb to a demand made by the European Free Trade Association (EFTA), comprising Switzerland, Norway, Iceland and Liechtenstein, to accept data exclusivity norms in a Free Trade Agreement (FTA) under negotiation.

Given that only the owner or generator of non-clinical and clinical trial data can use such data to seek marketing...

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