4. The Medicines Act is amended by inserting, immediately after section 19B, the following sections:
—(1) Notwithstanding any restriction on the disclosure of information imposed by any written law or rule of law, the licensing authority may from time to time publish, for the information of the public and in the manner determined by it, such particulars of applications for licences which it received as it may determine.
(2) The particulars referred to in subsection (1) excludes —
any trade secret; and
any information that has commercial value that would be, or would be likely to be, diminished by disclosure.
—(1) Where —
information has been provided by an applicant for a product licence to the licensing authority relating to the safety or efficacy of a medicinal product in support of such application; and
a product licence has been granted in respect of that medicinal product (referred to in this section as the earlier licence),
the licensing authority may not, for a period of 5 years from the date of such grant, grant a product licence to another person in respect of that or a similar medicinal product on the basis of the grant of the earlier licence unless the holder of the earlier licence has given his consent to the grant on that basis.
(2) This section applies where the earlier licence is granted —
on or after the date of commencement of the Medicines (Amendment) Act 2004; or
at any time between the date that is before the date of commencement but no earlier than 5 years before that date, and that date.”.