China’s new patent linkage regime involves parallel civil and administrative enforcement mechanisms. Innovative pharmaceutical companies should prepare for the possibility of generic challengers and determine which mechanism will best suit their purposes. Biologics are not protected under this new regime.
Over the July 4 2021 weekend, NMPA and CNIPA promulgated patent linkage measures and the SPC promulgated its patent linkage JI. Draft measures for public comment had been released publicly. The timing of the release of these document suggests a continuing level of bureaucratic competition between the two agencies.
There is still time to register for “Quantum Leap: Developments in China IP Law over the Past Two Years”. The program will discuss the major changes in Chinese IP that have occurred […]
Two upcoming events to be hosted by Berkeley. On April 27, we will host our third annual Tech, Trade and China program and on May 6 we will host “Quantum Leap”, an overview of the dramatic developments in China’s IP environment in the past two years.
Even during a time of trade conflict, there was considerable litigation and patent licensing activity with China, including a pronounced role in global markets for Chinese companies and in China for US companies. Patent disputes and licensing involved a diverse group of technologies. Chinese companies have become more active in SEP litigation overseas. The United States is an important venue for litigating overseas patent disputes with Chinese entities. Both the patent licensing and pharma data show the importance of tracking market value and trends to determine the real-world impact of IP-related policies.
What is the future of US – China dialogues on IP? Perhaps the future is better in IP than in other areas, regardless of the fate of the Phase 1 Agreement – at least those were lessons that could be drawn from the recent Berkeley-Tsinghua program on transnational IP litigation.
I previously blogged about several China-oriented proposals released after the November elections here. Three additional proposals have recently been released that involve how the USG engages China on IP and innovation issues. 1.The […]
This is the second article on recent research on Chinese IP law and practice. The focus of this blog is a widely read article of Judge Zhu Jianjun, Shenzhen Intermediate Court, Intellectual […]
Berkeley and Tsinghua Law will co-host their third annual program on transnational IP litigation, focusing on the impact of the trade war on settlement of IP disputes.
China Daily just published an article on June 23 on our June 17, 2020 webinar on patent eligibility. The publication also coincided with a blog by Prof. Adam Mossoff on opposition to […]