If, as a condition for approving the commercialization of new pharmaceutical or agrochemical products, applicants for a commercialization permit are required to submit undisclosed test data, including data on safety and efficacy, or other undisclosed information whose creation involves a considerable effort, such data shall be protected against any unfair commercial use and any disclosure, except when the use of such data is necessary to protect the public. If such undisclosed information is disclosed, measures must be adopted to ensure protection against any unfair commercial use.
The use of test data to protect the public includes use by the competent authorities, in the case of studies contemplated in the regulations on registrations of medicines or agrochemicals to prevent practices that may mislead the consumer or to protect human life, health, or safety, or animal or plant life or the environment, provided that such information is not disclosed.
For the purposes of this article, a new product is one that does not contain a chemical entity that has been previously approved in Costa Rica.
Chemical entity is understood as the functional group of the active ingredient that is responsible for the biocidal, physiological, or pharmacological action. All those polymorphs, isomers, and those derivatives with parts attached to the chemical entity that constitute it as an ester, ether, salt—including a salt with hydrogen or coordinated bonds, complexes, or others—are understood to share the same chemical entity.
(Thus amended by article 6 of Law No. 8686 of November 21, 2008)