Aspects Of Intellectual Property Rights Research Articles

A Discovery or a Misery? The Issuance of Anti-Suit Injunction before WTO

On 27 January 2023, the Dispute Settlement Body established a panel as requested by the European Union in document WT/DS611/5, pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. In fact, the European Union has proposed the formation of a panel according to Article 6 of the Dispute Settlement Understanding (DSU) to respond to the Action against China's lawsuit against high technology in the European Union. China imposed a preservation measure, Anti-Suit Injunction (ASI), that prohibit patent holder for asserting their rights before non-Chinese courts. Such movement is inconsistent to international principles, namely National Treatment (NT) and Most-Favored-Nation (MFN). As the EU claimed China on the subject of patent use on high technology, this discussion will further dissect the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, Article 3 on National Treatment and Article 4 on Most-Favored-Nation Treatment. The issuance of ASI itself is not listed under Appendix 1 of the DSU that regulates laws that are applicable and recognized as WTO norms under a WTO panel. The WTO panel has never adjudicated any cases relating to the issuance of ASI. This questions whether a WTO norm will be formed before the WTO panel and whether or not China has violated the principles of the WTO and the TRIPS Agreement.

Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Abstract Criminal enforcement plays an important role to safeguard both the private rights and the public interests against counterfeiting, piracy and other unlawful activities related to the infringement of intellectual property rights (IPRs). Owing to the international obligations outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), infringement of IPRs has been criminalized by all member states and criminal procedures shall apply accordingly under the conditions determined in their national laws. This article aims to present an overview and comparative analysis of the criminal law protection of IPRs in the Balkans to point out the main difficulties faced by the criminal courts in their practice. In particular, attention focuses on trade mark rights as a case study. The article examines the relevance of criminal law within the context of international obligations and domestic legal frameworks by providing a detailed legal analysis of the corresponding criminal law provisions in the Balkan countries. In this regard, the article identifies the elements required for the investigation and prosecution of such type of offences by evidencing the practical issues and difficulties of law enforcement agencies where they need to prove the intention of deceiving consumers as a necessary element to hold a person criminally responsible. Overall, the article explores the practical significance of criminal law in the enforcement of IPRs as an effective tool in deterring and prosecuting IP crimes, as well as provides some important steps to improve criminal law tools in the Balkans.

Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature based on UK Intellectual Property Law

Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The WTO is a committee responsible for advocating business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries, promoting the monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections, resulting in immersion of their “new” product as a work of art, making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience. This intergovernmental task force is vital to implement constitutional laws comparable to other countries. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience. Thus, inventions should be made affordable for public access.

Intellectual property right protection of Bantaeng Robusta Coffee through geographical indications

Based on the Trade Related Aspect of Intellectual Property Rights (TRIPs) agreement, manufacturers are prohibited from using labels or brands on their production goods that do not comply with geographical indications. Member countries must provide legal means prohibiting signs on goods that can mislead the public that the goods in question originate from other regions than the actual origin of the goods. The primary purpose of registering geographic indications is to protect producers and consumers from product counterfeiting specific to the region. In addition, the registration of geographical indications also aims to increase the income of the business community for typical regional products. This research is an empirical law study to identify the potential of Robusta Coffee in Bantaeng to obtain Geographical Indication protection. The study results found that Robusta Coffee of Bantaeng has qualifications in the premium grade category, with a final score of 81.92. Therefore, the Regional Government of Bantaeng Regency can apply for registration of geographical indications because Bantaeng Robusta Coffee has a reputation and characteristics influenced by geographical and human factors.

Geographical Indications in Vietnam: Protection and Legal Issues

Geographical indications (GIs) are means of identifying the source and denoting the quality and reputation of regionally distinct goods. (Kevin. M. Murphy (2003), ‘Conflict, Confusion, and Bias Under TRIPs Articles 22-24’, American University International Law Review, Volume 19, Issue 5/2003.) They contribute to enhancing the goods’ value, thereby generating profits for entrepreneurs and countries. Vietnam, a country with many agricultural and regional products, has been actively integrating with the world, typically by becoming a member of the WTO (World Trade Organization (Member List at, https://www.wto.org/english/thewto_e/whatis_e/tif_ e/org6_e.htm (accessed 04 May 2023))) and participating in agreements such as the European Union-Vietnam The Free Trade Agreement (EVFTA) (European Union-Vietnam Free Trade Agreement), https://taxation-customs.ec.europa.eu/system/files/2022-11/ EVFTA-guidance_0.pdf (accessed 04 May 2023) and the TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/docs_e/legal_e/27-trips.pdf (accessed 04 May 2023)). To align its legal framework with international standards, Vietnam has amended and supplemented to its Intellectual Property (IP) Law of 2005 in 2009, 2019, and 2022, introducing new regulations on GIs. These changes have had a significant impact on the protection of GIs in Vietnam. With this in mind, we analyse the current GI protection provisions in Vietnam’s IP laws and assess their compatibility with the requirements in international agreements. We will also explore the influence of the GI protection provisions on the actual registration and utilization of GIs in Vietnam. Based on our findings, we have prepared recommendations to improve Vietnam’s regulations on GI protection and enhance the practical effectiveness of those GI protection measures. Geographical Indications, TRIPs Agreement, EVFTA Agreement, Vietnam Intellectual Property Law, Geographical Indication Protection, Vietnam, Agricultural products, Homonymous Geographical Indications

Pengaturan dan Penerapan Prinsip Teritorial dalam Perlindungan Indikasi Geografis Indonesia (Dalam Perspektif Hukum Internasional dan Nasional)

The principle of territoriality is one of the fundamental principles in Intellectual Property Rights (IPR) which is regulated in Trade Related Aspects of Intellectual Property Rights (TRIPS). This principle gives authority to the state to regulate IPR according to the circumstances and needs of the state. This territorial principle allows a country to design intellectual property laws in a way that is consistent with its goals. This study uses a normative juridical method with a statutory and comparative law approach. Regulations regarding territorial principles in the regulation of Geographical Indications (GI) are contained in Article 22 (1) TRIPs, where TRIPs are the basis for the rules (minimum standards) for regulating GI protection. In addition, GI protection is contained in the Lisbon Agreement for the Protection of Appeals of Origin and their International Registration 1958 and in the Madrid Protocol. Indonesia regulates GI protection in Law Number 20 of 2016 concerning Trademarks and Geographical Indications and in Government Regulation Number 12 of 2019 concerning Geographical Indications. Indonesia must regulate GI well because it has great potential to increase people's income. Apart from that, Indonesia must also register Indonesian GIs in the international registration room, so that there is no misuse in their use.

Trade-Related Aspects of Intellectual Property Rights Flexibilities and Public Health: Implementation of Compulsory Licensing Provisions into National Patent Legislation.

The protection of intellectual property (IP) rights, given international legal effect through the World Trade Organization (WTO) Trade-Related Aspects of IP Rights (TRIPS) Agreement, has long been a contentious issue. In recent years, the long-standing debate on IP rights as a barrier to the access of affordable medicines has been heightened by the global vaccine inequity evidenced during the COVID-19 pandemic. The TRIPS Agreement contains a number of flexibilities that WTO members can exploit in order to accommodate their policy needs. Among these is the mechanism of compulsory licensing, whereby patent licenses may be granted without consent of the patent holder in certain circumstances. TRIPS Article 31bis created a special mechanism for compulsory licenses specifically for the export of pharmaceutical products to countries with insufficient manufacturing capacity. We analyzed domestic patent legislation for 195 countries (193 UN members and two observers) and three customs territories. We analyzed patent legislation for provisions on compulsory licenses, including those defined in Article 31bis of the TRIPS Agreement. We identified 11 countries with no patent legislation. Of the 187 countries with domestic or regional patent laws, 176 (94.1%) had provisions on compulsory licensing and 72 (38.5%) had provisions implementing TRIPS Article 31bis. The results of this study have highlighted the gap in the implementation of TRIPS flexibilities in countries' national patent legislation, especially in least-developed countries. Although it will not fully solve patent barriers to the access of medicines, implementation of compulsory licensing (and specifically those for the import and export of pharmaceutical products) will provide governments with another tool to safeguard their population's public health. Further discussions are needed to determine whether the WTO can provide effective responses to future pandemics or global crises.

Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature Based on UK Intellectual Property Law

Purpose: Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria.
 Methodology: The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes the public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The study employs comparative contextual assessment using Novartis’ case as trial proceedings for disclosing theoretical framework vital to socio-legal integration of WTO principles.
 Findings: The World Trade Organization is a committee responsible to advocate business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries promoting monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections resulting to immersion of their “new” product as a work of an art making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience.
 Recommendations: WTO is an intergovernmental task force important to implement constitutional laws comparable to other countries resulting to theory integration of socio-legal aspects based on trade-related principles. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience, thus, inventions should be made affordable for public access.

A Discourse on the Malaysian Geographical Indications Act

The Malaysian Parliament approved three Bills on Intellectual Property rights. One of it is the Geographical Indications Bill 2021, repealing the Geographical Indications Act 2000 (the Old Act). The new Bill received royal assent on 16 March 2022 and came into operation on 18 March 2022, known as the Geographical Indications Act 2022 (the New Act). The revisions made in the New Act were essential to harmonise intellectual property standards in Malaysia and facilitate the country’s accession to the Marrakesh Treaty. These amendments ensure that Malaysia adheres to the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and fulfils its obligations under the Regional Comprehensive Economic Partnership (RCEP). The purpose of this paper is to examine the salient features introduced by the provisions of the New Act and to examine how the enhanced provisions attempt to realign intellectual property standards in Malaysia concerning Malaysia's broader obligations under the Regional Comprehensive Economic Partnership which have come into effect in Malaysia on 18 March 2022. The methodology employed in this research is doctrinal, especially focusing on the interpretation and analysis of the statutory provisions. In light of the changes in the New Act, New Regulations and the New Guidelines, the paper concludes by forwarding several recommended best practices to be considered by registered proprietors in the country.

Market Failure, State Failure: The Political Economy of Supply Chain Strengthening to Ensure Equitable Access to Vaccines and Medicines in Low- and Middle-Income Countries

Context: Much of the existing work on the political economy of vaccine access has focused on how intellectual property rights agreements contribute to inequitable COVID-19 vaccine access between high-income and low- and middle-income countries (LMICs). The two solutions that emerged to scale up access in LMICs involved either voluntary arrangements under COVAX or a waiver of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) to allow immediate access to intellectual property. However, an additional constraint on access is weak and ineffective supply chains within LMICs that have eroded over several decades of health-sector reform. Methods: This article reviews the literature on the political economy of supply chain strengthening in LMICs and identifies key challenges to equitable access to emergent vaccines and other medicines emanating from market and state failures in internal supply chains. Findings: Over the past century, supply chain policies in LMICs have alternated among an emphasis on addressing market failures contributing to unaffordability of vaccines/medicines, an emphasis on state failures contributing to unavailability of vaccines/medicines, and a more recent move toward public-private hybrid arrangements to strengthen supply chains. Conclusions: In addition to reshoring production capacity through a TRIPs waiver, the international community must address chronic weakness in internal supply chains in LMICs to ensure access to novel vaccines/medicines.

Harmonization of Import Duty in the Form of Security Measures for Textile Products

This article aims to determine the principles and regulations of international trade and to analyze the regulation for imposing security measures on imports of fabric products. The method used in this study is a normative juridical legal research type, with a statutory approach or statute approach to analyze legal issues. This research finds that the principle of International Trade adopted by the Indonesian state/Government is essentially aimed at protecting domestic products to maintain a healthy trade climate. International Trade is regulated by General Agreement on Tariffs and Trade, General Agreement on Trade in Services, The Agreement on Trade-Related Aspects of Intellectual Property Rights and Dispute Resolution of the World Trade Organization. Furthermore, in regards to the imposition of security measures on the import of fabric products in Indonesia, it is regulated in the Minister of Finance Regulations and its amendments. However, the Ministerial Regulation felt to be contradictory to the Minister of Trade’s Regulation. So, it is considered less effective because it will only burden local entrepreneurs/companies who need material products from abroad, on one hand the volume of imports has been limited and on the other hand there is an additional imposition of import duty as a result of security measures.

Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs)

<p class="TableParagraph"><em>The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. </em><em>This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that </em><em>Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. </em><em>Suggestions in this study for the lawmaker</em><em> should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.</em></p>

China’s Insertion in the International Patent Regime: Shaking the Rules Widens the Development Policy Space

Much has been written about the effects of China’s rising role in global economic governance, but the consequences for the development policy space have received little attention. This article examines whether China’s mode of insertion in the international patent regime widens the restricted policy space of its developing country partners to shape their national patent system in a way that facilitates technical progress. Results show that China adopts a minimalist interpretation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement as it incorporates its flexibilities at the bilateral and national levels, thus preserving and potentially widening its partners’ development policy space.

International legal protection of related rights of broadcasting organisations

The international protection of the rights of radio broadcasting organisations to the programmes they create and broadcast began with the adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done in Rome on 26 October 1961 (the Rome Convention). The Rome Convention establishesthe general principles of legal protection of the rights of radio broadcasting organisations and establishes property rights that allow them to influence the use of programmes by third parties. On 21 May 1974, the Convention on the Distribution of Programme-Carrying Signals Transmitted by Satellite (the Brussels Satellite Convention) was adopted in Brussels. This actdoes not contain any provisions on the rights of broadcasting organisations and is an international treaty in the field of public international law rather than private international law. On 15 April 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was adopted. Its peculiarity lies in the fact that it is the first international act thatcombines provisions on the legal protection of various intellectual property rights: copyright and related rights, trademarks, geographical indications, industrial designs, inventions, etc. In terms of the related rights of radio broadcasting organisations, the TRIPS Agreement is based on the provisions of the Rome Convention and does not provide for any other related rights.Thus, today, the related rights of radio broadcasting organisations at the international level comply with the standards of 1961. This does not take into account modern broadcasting and information transmission technologies, and therefore does not sufficiently protect the interests of radio broadcasting organisations. Since the late 90s, a new international treaty on the protection of the rights of broadcasting organisations has been developed under the auspices of WIPO. The adoption of this treaty is an urgent need to strengthen the international system of protection of the rights of radio broadcasting organisations.

Evolving theory of IP rights: promoting human rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights

Evolving theory of IP rights: promoting human rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights

Registration of Copyright as Guarantee of Batik Motif Legal Protection (Comparation Study of Indonesia, Malaysia and Thailand)

This study aims to identify and analyze the legal protection of Kei batik motifs through copyright registration and the role of local governments in providing legal protection for these Kei batik motifs. This research is a sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Based on the results of the research, Camelia Batik Kei's business raised batik motifs based on the philosophical customs and culture of the people of the Kei Islands. In the aspect of intellectual property rights, Batik Kei has not been touched at all either through the awareness of the business actors themselves or the local government. Even though the Kei Batik motif with the traditional and cultural characteristics of the Kei people is very promising from the aspect of business development, that's why legal protection through registration of intellectual property rights in the field of copyright is very important. The Government of Indonesia, should also play an important role in terms of contributing through mentoring and empowering businesses of this kind which of course do not only provide economic and moral benefits to creators but also to the region and the people of Kei. When compared to neighboring countries such as Malaysia and Thailand which also have works of art in the form of batik, Indonesia has a variety of batik motifs with different styles between regions. Therefore, good legal protection is needed so that it is not claimed by other parties or even other countries.

Comparative Study of State Jurisdiction: The Protection Towards Geographical Indication at Indonesia, the EU and US

Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.

Human rights law, intellectual property and vaccine nationalism: lessons for the post-COVID-19 world

ABSTRACT The rollout of COVID-19 vaccines during the pandemic was labelled a ‘parallel pandemic of human rights’. Occuring simultaneously with the primary public health crisis, the production, distribution, and profiteering that followed the announcement of vaccines were satirically referred to as ‘vaccine nationalism’ or ‘vaccine apartheid’. Against the backdrop of the COVID-19 pandemic and its attendant vaccine inequality, this article examines the extent to which existing international human rights laws provide a framework for equity in global vaccine distribution. The article explores the delicate balance between protecting intellectual property and promoting public health and human rights: the private property rights of vaccine developers and the broader human rights of members of the public to vaccine access. It does this by appraising the decision on the proposed waiver of intellectual property rights for COVID-19 vaccines and treatments under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights during the pandemic. The article argues that a reform of the WTO multilateral system is needed to ensure that in future global health emergencies, private interests are subordinated to global public health needs and that global action is not conditioned by nationalism and hegemonic positions in international relations.

Antisuit injunctions in SEP disputes and the recent EU's WTO/TRIPS case against China

AbstractThe existence of standard essential patents (SEPs)—and the associated litigation—has potentially disruptive consequences for the manufacture, marketing and distribution of complex products that incorporate many patented standards, for example, information and communication technology (ICT) products such as smartphones that incorporate a camera, video, web browser, wireless communications, text messaging, and so on, as well as an increasing number of ‘connected’ Internet of Things products such as wearable devices and ‘smart home’ devices. Indeed, SEP owners may use the patent enforcement system to prevent implementers of these technologies from bringing to market competing products that use the same standards. As is known, this raises concerns about competition in the market and the need to maintain interoperability to ensure the development of the ICT industry. One of the legal tools which can be used by implementers to (try to) neutralise SEP holders' anticompetitive behaviours is the ‘antisuit injunction’ (ASI). ASIs are not uncommon in common law jurisdictions while they are foreign to civil law countries within the European Union (EU). ASIs are particularly useful to SEP implementers when patent holders disrespect their commitment to license their patents on a FRAND basis. For example, a judge who is in the process of assessing whether the SEP owner complies with FRAND terms may at the same time grant an ASI to stop the patentee taking patent infringement actions in other jurisdictions until the FRAND litigation has been concluded. In February 2022, the EU filed a complaint at the World Trade Organization (WTO), arguing that China's use of ASIs prevents EU‐based companies from properly protecting their SEPs. Indeed, ASIs have recently been granted in several Chinese disputes, including in Huawei v Conversant and Xiaomi v. InterDigital. More specifically, China's Supreme People's Court held that Chinese courts can use ASIs to prevent SEP owners from filing disputes in any foreign courts to enforce their patents; and that anyone who does not comply with the injunction should be fined €130,000 per day. In the WTO case the EU notes that such a case law jeopardises innovation and growth in Europe, ‘effectively depriving European technology companies of the possibility to exercise and enforce the rights that give them a technological edge’. From a legal perspective, according to the EU, China's conduct is in violation of various Trade‐Related Aspects of Intellectual Property Rights (TRIPS) provisions, including Article 28 which grants exclusive rights to patent owners. The paper focuses on this EU–China WTO/TRIPS dispute and more generally, on the relevance of ASIs within SEP cases.

The EU regulatory data protection in the agrochemical industry: Towards a data sharing model in favour of sustainable market play and a sustainable environment

AbstractRegulatory data protection is mandated in the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) for two kinds of goods: medicinal products and plant protection products (PPP). In the European Union (EU), the level of their protection has been set far beyond the minimum TRIPS standards and the adopted model of protection has been, for the most part, based on temporary exclusivity. Innovative plant protection products benefit from data exclusivity combined with a compulsory data sharing regime. Data exclusivity refers to products being authorised for the first time for the market of the EU on the grounds of a complete authorisation procedure, based on submission of a full data dossier. Within the period of exclusivity, these data may not be referred to in the authorisation procedure of a generic product—an equivalent to the reference one. In this way, data exclusivity creates a period of factual monopoly for the innovative products and constitutes a sui generis intellectual property right. This paper presents the regime of regulatory data protection in the European Union law as an instrument of legal protection for innovative products in the agrochemical industry. It first analyzes the purpose and functions of regulatory data protection in EU law and in the TRIPS Agreement. Then, the rules of protection by means of data exclusivity and compulsory data sharing are examined. This allows for further considerations on the role of regulatory data protection and compulsory sharing of data in the overall legal protection for innovative products in the agrochemical industry. In view of the above, this chapter discusses both the instruments of protection for PPP regulatory data and poses several questions concerning their rules, practical meaning and possible future modifications. In particular, it is considered whether data exclusivity is the optimal regime of protection for registration data and recommend that a data sharing approach could be used instead of the data exclusivity rule, as is the case with compulsory vertebrate data sharing, to the benefit of the industry and public interest. This chapter allows for evaluation and assessment of the economic and social value of data exclusivity in said areas for fostering primary and secondary innovation, while acknowledging other vital interests such as protection of public interest and safeguarding competition in the relevant markets. Finally, this chapter maps challenges of the current model of protection and indicates areas for further consideration in both creating a coherent and balanced framework of PPP data protection and the possible extrapolation of the data sharing rules to systems of data protection for other life science products.