(2002; 77 pages) [Spanish]
A. The TRIPS Agreement text
One of the crucial interpretative issues in Article 39.3 is whether the reliance by a national authority on data submitted by one company (the "originator") to evaluate a subsequent application by another company (a "follower"), constitutes an "unfair commercial use" of the information.
The expression "unfair commercial use" is not defined in Article 39. Pursuant to Article 31 (1) of the Vienna Convention, its interpretation should be based on the ordinary meaning of the terms of the treaty in their context and in the light of the agreement's object and purpose.