China’s National Intellectual Property Administration Releases Patent Linkage Administrative Adjudication Measures

Posted on Categories New Law, Rule or Implementing Regulation, Patents

In follow up to the joint National Medical Products Administration (NMPA) and China National Intellectual Property Administration (CNIPA) release of patent linkage implementation measures, CNIPA has released the Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes (药品专利纠纷早期解决机制行政裁决办法) on July 5, 2021. These Measures provide an alternative dispute mechanism to litigation (see the Supreme People’s Court’s (SPC) litigation provisions also issued July 5, 2021). CNIPA’s administrative adjudication may be the preferable route for patentees as the Administrative Adjudication …

China’s Supreme People’s Court Releases Patent Linkage Trial Provisions

Posted on Categories New Law, Rule or Implementing Regulation, Patents

In follow up to the joint National Medical Products Administration (NMPA) and China National Intellectual Property Administration (CNIPA) release of patent linkage implementation measures, China’s Supreme People’s Court released Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Concerning Patent Disputes Related to Drugs Applied for Registration (最高人民法院关于审理申请注册的药品相关的专利权纠纷民事案件适用法律若干问题的规定) on July 5, 2021.  Of note is that while the Implementing Measures specify a 9-month moratorium in marketing authorization for a …

China Releases Patent Linkage Implementation Measures

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On July 4, 2021, the National Medical Products Administration (NMPA) in conjunction with the China National Intellectual Property Administration (CNIPA) released the Measures for the Implementation of Early Resolution Mechanisms for Drug Patent Disputes (Trial) (药品专利纠纷早期解决机制实施办法(试行)).  The Measures set up a registration system, set up a dual mechanism (via Courts or via CNIPA) for preventing marketing approval of drugs based on registered patents, and provide an exclusivity period for generics that successfully challenge patents. 

Shanghai Intellectual Property Court Announces its First GUI Design Patent Infringement Judgment

Posted on Categories Case, Design Patent

On June 21, 2021, the Shanghai Intellectual Property Court  rendered the first-instance judgment on the Court’s first case of design patent infringement involving a graphical user interface (GUI), holding that the interface of the defendant Shanghai Zecao Co., Ltd.’s allegedly infringing Xiaobao APP for recruiting employees and the Xiaobao social media account  was significantly different from the overall visual effect of the patent in question of the plaintiff, Dajiaying Company, and therefore dismissed all claims of the plaintiff.   China began …