36Fair proportion of cost of providing protected information

36 Fair proportion of cost of providing protected information

For the purposes of subsection 69(2) of the Code, the matters to which the arbitrator must have regard in determining what is a fair proportion of an amount of the cost incurred by each primary holder are as follows: (a) the time that has elapsed since the protected information was obtained by each primary holder; (b) the value of sales of the primary chemical product concerned since the registration of the product; (c) whether each primary holder has already received compensation for the use of the protected information by the APVMA; (d) the cost of obtaining the protected information if it were to be compiled at the time of the arbitration.