Data exclusivity is another important intellectual property right, besides patent, for pharmaceutical innovation. It provides incentives to innovators for developing new medicines. The protection of pharmaceutical data first came to the international arena in the 1990s, when the TRIPs was signed. However, TRIPs is silent with respect to the protection of pharmaceutical date. And from the mid 1990s until 2000, through trade negotiations, the US and the EU pressured their trade partners into providing 5 to 10 years of data protection, also called "exclusivity" right. We believe this trend leads to the development of new intellectual property right, i.e., "the right to data protection". Indeed such a right is a treaty created right but that is not our concern in this paper, we would rather discuss the implication of such a right and the access to medicines. This study demonstrates that these data exclusivity laws, in themselves, are evolving. The most significant impact on the data exclusivity law from the 2001 Doha Declaration and 2003 WTO decision related to the Declaration. Doha Declaration provides for a general exception for the IP protection of pharmaceutical products, including pharmaceutical data. The exception is the curx of Doha Dec. After 2007, the exceptions for data exclusivity can be seen almost in every free trade agreement. Such an evolution not only provides an opportunity to examine the whole legal framework of the data protection legal system and the standards of protection but also the exceptions of protections. While the Doha Declaration and the 2003 decision were a welcome development, in the national level, in Taiwan, things seem quite odd or different. In particular, Taiwan has amended Article 40-2 of the Pharmaceutical Act to go along with this data exclusivity trend in 2005. However, instead of aligning the Taiwanese law with the international law, which provides for an exception of pharmaceutical data, the amendment seems to do the opposite. When reading the black letter of the law the language of article 40-2 seems vague in that this article does not define the scope of data exclusivity. More significantly, no exception for access to medicine in carved in the amendment. No doubt this major pitfall of the amendment renders it at odds with the right to access to medicine in Taiwan. Accordingly this paper will recommend to policy makers to rethink the amendment. First, this article begins by analyzing the significance of protecting data. Second it discusses State's obligation of protecting data under the TRIPs. Third, it discusses the data exclusivity law, and it is scope and exception under TRIPs/ international law and possibly under the Taiwanese law.