- Jahrgang 2 (2018), Ausgabe 1
- Vol. 2 (2018), Nr. 1
- >
- Seiten 3 - 18
- pp. 3 - 18
A Transparency Challenge: Can Commercial Confidentiality In Clinical Trials Data Be Overcome?
Information embedded in clinical trial protocols is essential for the evaluation of a drug’s safety and efficacy. However, clinical trials data does not only have a public informational value, but also has an intrinsic regulatory - and therefore commercial - value, as it is key to the granting of a drug’s marketing license. Research-based companies aiming to protect their ‘sweat of the brow’ from competitors’ free-riding have invoked Article 39.3 TRIPS and the European data exclusivity regime, as a legal basis for regulatory agencies’ non-disclosure obligation. This paper illustrates how disclosure of a drug’s safety information is not prevented by the European intellectual property framework over clinical trials data. To the contrary, the paper demonstrates a systemic justification for disclosure.