Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
The Cart Before the Horse in China’s Patent Linkage Regime
Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.
Beijing IP Court Report on Proposed Patent Linkage Regime
The Beijing IP Court has recently released a Report on patent linkage, which highlights the legal challenges that the courts may face in implementing the proposed linkage regime, entitled “Research on the China […]
China’s “Naked Bolar” and the Tapering Momentum to Protect Innovative Pharmaceuticals
There have been several important developments in recent weeks involving pharmaceutical IP protection in both mainland China and Taiwan. Based on these developments, mainland China appears to be slowing its momentum to […]