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.
Category: New Law, Rule or Implementing Regulation
China to Amend Anti-Monopoly (Antitrust) Law
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
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 …
China Releases Administrative Adjudication Measures for Major Patent Infringement Disputes Effective June 1, 2021
On May 28, 2021, China’s National Intellectual Property Administration (CNIPA) has released the Administrative Adjudication Measures for Major Patent Infringement Disputes (重大专利侵权纠纷行政裁决办法). Administrative adjudication provides an alternative to litigation that can be much faster and less expensive than civil litigation but doesn’t provide for damages. The Measures set a deadline of 3 months to complete the adjudication from the date of filing. The Measures go into force June 1, 2021.