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. 

China to Amend Anti-Monopoly (Antitrust) Law

Posted on Categories New Law, Rule or Implementing Regulation

On June 11, 2021, the General Office of the State Council released the Notice of the State Council’s 2021 Legislative Work Plan (国务院2021年度立法工作计划) covering 18 draft laws or draft amendments to existing laws and 28 administrative regulations.  Of potential interest to intellectual property practitioners out of these 46 items is the Draft Amendment to the Anti-Monopoly Law (反垄断法修正草案) to be drafted by the State Administration for Market Regulation (SAMR).  This will be the first update since the law was promulgated …