813.12OBPFederal Council OrdinanceAug 1, 2005Original source
The Notification Authority shall waive the requirement for data from the applicant and rely on the owner’s data if:
the applicant presents a letter of access from the data owner; or
the data protection period has expired.
For all data submitted, the applicant shall indicate to the Notification Authority whether it is the data owner or is authorised to use the data on the basis of a letter of access.
If a letter of access is held, the applicant shall also indicate to the Notification Authority the name and address of the data owner.
The applicant shall inform the Notification Authority without delay about any changes to the ownership of the data.
Anyone who holds a letter of access to active substance data may allow applicants for authorisation of a biocidal product containing this active substance to make reference to this letter of access.
The provisions of this Section are without prejudice to the rules of competition law and intellectual property law.
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