Finally, for Article 39.3 to apply, there must be "use" of the information submitted by the originator.18
18 In one of the texts under consideration by the negotiating parries in July 1990, the broader concept of "exploitation" was proposed (but not finally adopted). The text read:
"3Aa. Parties, when requiring the publication or submission of undisclosed information consisting of test [or other] data, the origination of which involves a considerable effort, shall protect such data against unfair exploitation by competitors. The protection shall last for a reasonable time commensurate with the efforts involved in the origination of the data, the nature of the data, and the expenditure involved in their preparation, and shall take no account of the availability of other forms of protection".