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 …

China’s Supreme People’s Court Clarifies That Defendant May Be Entitled to Attorney Fees and Expenses in IP Litigation

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

On June 3, 2021 and effective the same day, the Supreme People’s Court (SPC) issued the “Approval of the Supreme People’s Court on the Issue of the Defendant’s Request for Compensation for Reasonable Expenses in Intellectual Property Infringement Lawsuits on the Grounds of the Plaintiff’s Abuse of Rights” (最高人民法院关于知识产权侵权诉讼中被告以原告滥用权利为由请求赔偿合理开支问题的批复). The Approval is in response to a request for instructions from the Shanghai Higher People’s Court for a defendant’s request for compensation and allows for compensation in intellectual property infringement lawsuits …