813.12OBPFederal Council OrdinanceAug 1, 2005Original source
The applicant and the data owner shall make every effort to reach an agreement on the sharing of the data to be used in accordance with Article 31 paragraph 3 letter a of the ChemO1.2
The parties may seek an arbitrator’s opinion.
The Notification Authority shall be bound by the arbitrator’s opinion unless, within 30 days, the parties raise objections in accordance with Article 189 paragraph 3 of the Civil Procedure Code3.
If no agreement can be reached between the parties, the applicant shall inform the Notification Authority accordingly, at the earliest one month after receipt of the information specified in Article 31 paragraph 3 letter b of the ChemO. At the same time, the applicant shall inform the data owner.4
At the earliest 60 days after being informed by the applicant, the Notification Authority shall inform the parties that it will use the data for the benefit of the applicant, provided that the latter can demonstrate that he:
has made every effort to reach an agreement; and
has paid the owner a share of the costs incurred in producing the data or has undertaken to do so via a signed acknowledgement of indebtedness.
At the request of the owner, the Notification Authority shall determine the appropriate level of compensation, taking into account the acknowledgment of indebtedness issued by or the payment already made by the applicant.
In deciding on the level of compensation for data sharing, the Notification Authority shall ensure that due consideration is given to the principles of fairness, transparency and non-discrimination.