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Ordinance on Protection against Dangerous Substances and Preparations (Chemicals Ordinance, ChemO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 5 June 2015 (Status as of 1 February 2022)
Art. 32Right to remuneration for sharing of data from previous tests on vertebrates 73
1 The previous notifiers are entitled to receive fair remuneration from the new notifier for the use of their data from previous tests on vertebrates if the term of protection for such data has not yet expired.
2 The notifiers shall take steps independently to reach an agreement on data sharing and remuneration. They may seek an arbitrator’s report.
3 If no agreement is reached, the new notifier may apply to the Notification Authority for a ruling on the amount of the remuneration; the request may be made no earlier than four months after receipt of the notification referred to in Article 31 paragraph 3. The new notifier shall inform the previous notifiers of his/her application.
4 The Notification Authority shall issue a ruling on the amount of the remuneration no later than 60 days after the request referred to in paragraph 3. If an arbitrator’s report has been submitted, the Notification Authority is bound by it unless the parties raise objections within 30 days in terms of Article 189 paragraph 3 of the Civil Procedure Code74. In the absence of an arbitrator’s report, the Notification Authority shall take particular account in its ruling of:
a.
the costs incurred by the previous notifiers in obtaining the test results;
b.
the remaining period of protection for the data concerned.
73 Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 801).