Protection of confidential supporting information about innovative pesticides
15.—(1) Where the Director-General receives, or has received not more than 5 years before 8th January 1999, an innovative pesticide application and confidential supporting information, the Director-General, during the protected period in relation to that confidential supporting information —
(a)
shall take reasonable steps to ensure that the confidential supporting information is kept confidential to the Director-General; and
(b)
shall not use the confidential supporting information for the purposes of determining whether to grant any other application.
[32/98; 16/2000]
(2) For the purposes of this section and section 16, unless the context otherwise requires —
“application” means an application for registration of a pesticide under section 14;
“confidential information” includes —
(a)
trade secrets; and
(b)
information that has commercial value that would be, or would be likely to be, diminished by disclosure;
“confidential supporting information” means confidential information given —
(a)
in, or in relation to, an innovative pesticide application; and
(b)
about the pesticide that is or was, as the case may be, the subject of that application;
“Director-General” includes any public officer or officer of the Authority or of any other statutory authority authorised under section 6 to carry out registration of pesticides under section 14;
“ingredient” includes a chemical or biological entity;
“innovative pesticide application” means —
(a)
in relation to an application made after 8th January 1999, an application that refers to an active ingredient —
(i)
that is an active ingredient of the pesticide to which the application relates; and
(ii)
that has not, before that application is received by the Director-General, been referred to in any other application as an active ingredient of the pesticide; and
(b)
in relation to an application made before 8th January 1999, an application that referred to an active ingredient —
(i)
that was an active ingredient of the pesticide to which the application related; and
(ii)
that had not, before the application was received by the Director-General, been referred to in any other application as an active ingredient of the pesticide;
“protected period”, in relation to confidential supporting information relating to an innovative pesticide application received by the Director-General, means a period of 5 years from the date the innovative pesticide application is or was, as the case may be, received by the Director-General.