On November 18, 2022, China’s Supreme People’s Court (SPC) released an announcement soliciting public opinion on on the Draft Judicial Interpretation of Anti-Monopoly Civil Procedures (关于反垄断民事诉讼司法解释稿向社会公开征求意见的公告). The Draft includes an article on reverse payments for generic pharmaceuticals and so may be of interest to foreign pharmaceutical companies facing potential competition from generics on patented pharmaceuticals. The SPC stated it is releasing this draft to “strengthen the anti-monopoly judiciary, to hear monopoly civil dispute cases in a fair and efficient manner …
Forbidden: China Geo-Blocking Americans from Accessing Supreme People’s Court Website and Published Decisions
Update: A hearty thank you to China for making these sites accessible as of November 20, 2022! Update 2: The SPC website is again geoblocked as of September 2023. Update 3: The SPC website is no longer geoblocked as of December 24, 2025. Recently, China has started geo-blocking Americans and other foreigners from accessing the Supreme People’s Court (SPC) website and China Judgements Online. Attempting to access these sites leads to a 403 Forbidden error message with “reason:GeoBL.” However, the …
China’s Supreme People’s Court Releases List of Typical Antitrust (Anti-Monopoly) Cases of People’s Courts
On November 17, 2022 the Supreme People’s Court of China (no link provided as China is currently geoblocking the SPC website) held a press conference to announce the release of of people’s courts’ anti-monopoly and anti-unfair competition typical cases. The release is to “strengthen anti-monopoly and anti-unfair competition judging.” Of the antitrust (anti-monopoly) cases, two are directly related to intellectual property and are summarized here including one an AstraZeneca reverse payment case. The anti-unfair competition cases will be summarized in a separate article.
Mirati Therapeutics Sues China’s InventisBio for 99 Million RMB in Trade Secret Theft Case
Per a securities filing by InventisBio Co (益方生物科技（上海）股份有限公司) on November 16, 2022, Mirati Therapeutics sued InventisBio for 99 Million RMB (~$14 million USD) in a trade secret misappropriation case. Mirati requested an injunction, damages, and confirmation of ownership of certain patents and applications in a filing with the Shanghai Intellectual Property Court that was received by InventisBio on November 14, 2022. This case highlights the increased attention recently paid to trade secret misappropriation in China including a 60 million RMB …