Resources

 

Take Me Out to the Law Game: China’s Patent Linkage Doubleheader

Transitioning to China’s New Patent and Copyright Laws on June 1: Where Have All the Implementing Regulations Gone?

Draft Judicial Interpretation on Patent Linkage Released by SPC

The Cart Before the Horse in China’s Patent Linkage Regime

Beijing IP Court Report on Proposed Patent Linkage Regime

Draft NMPA and CNIPA Rules on Patent Linkage Released for Public Comment

Joint Implementation Measures of the Patent Linkage System by NMPA/CNIPA

Supreme Court Patent Linkage Judicial Interpretations

Rules of CNIPA’s Patent Linkage Administrative Action

China’s Emerging Regime for IP and Life Sciences – Recording

Topics included the Phase 1 Trade Agreement and its impact on pharma IP in China, the impact of China’s recent patent law reforms, new judicial interpretation and agency rules on patent linkage, outstanding issues in the proposed legislative scheme such as what implementing regulations to the patent law might include, the current scope of China’s Bolar exemption, timeframes for linkage challenges, the lack of “artificial infringement” in the current scheme, and timeframes for implementation. Panelists also discussed the relationship of new reforms to existing IP laws, the respective role of the courts and administrative agencies, the latest developments in pharma patent prosecution, including post-filing supplementation of data, regulatory data protection and patent term restoration, China’s evolving “Orange Book,” the impact of actual and proposed changes on patent and regulatory approval strategies for foreign companies, and how these changes compare to the US system.