Intellectual Property Protection of Test Data

Although “Data” do not in principle come under exclusive protection and are subject of data-sharing principle, certain occasional benefits may necessarily make them to be protected on an exceptional and sui-generis basis. “Test data” fall within the scope of such exceptional cases. Protection of test data carried out by countries are based on their largescale policies and in proportion to their extent of development. This has caused a remarkable diversity in forms of protection. Protection of test data has been considered in international instruments. The most significant one is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals with protection of test data. This article first attempts to define test data and to review necessity for tools of test data protection based on Article 39.3 of TRIPS. Then, it proposes a suitable form of protection for Iran as a developing country.