The Drug Price Transparency program reviews information claimed by prescription drug manufacturers to be a trade secret under ORS 192.345(2).
Under ORS 192.345(2), a trade secret is defined as including but not limited to “any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization, and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
For data elements claimed to be trade secret under ORS 192.345(2), the website will show that the data is under review. The department will review all information received including information claimed to be trade secret. If in disagreement with any trade secret claim, a determination will be issued and the manufacturer will have an opportunity to appeal the department's decision. Once the review process is completed, the data that is not considered trade secret will be publicly available on the department website. Information that is considered a trade secret will not be published unless public interest requires disclosure. If the department determines that information must be withheld as a trade secret, any person may petition the attorney general to review the determination, as provided in ORS 192.411.
See the user guide on the
webpage for manufacturers for more information.