Trade-related aspects of intellectual property rights protection

The Agricultural and Veterinary Chemicals (Administration) Act 1992 (“Administration Act”) was amended on 31 March 1999 by giving effect to Australia’s obligations under the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The amendment modified the Agvet Codes by providing a five year period of data exclusivity for undisclosed data of applications for new active constituents.

TRIPS protection is only given to the data associated with primary applications (for approval of new active constituents) made to the APVMA from 1 April 1999 until 31 December 2004.  Those applications which have had TRIPS protection will keep that protection until the protection period expires. Where there is TRIPS protected data, the APVMA cannot use that data to grant any secondary applications until 5 years have elapsed since the previous application was determined by the APVMA.

List of Agricultural active constituents that have TRIPS protection
Approval number Active Name Applicant Approved On Date protected until
58608 n-oleyl-1,3-diaminopropane Mistring P/L & Nabone P/L T/A Integra Water Treatment So 10/11/2011 10/11/2016
58607 n-coco alkyltrimethylenediamines Mistring P/L & Nabone P/L T/A Integra Water Treatment So 22/11/2011 22/11/2016


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