Written by: Tai Hong (Tina), Guo Yu, Qiu Mingdong, Zhu Shudan (Intellectual Property)
Introduction
Recently, the China National Intellectual Property Administration and the China National Healthcare Security Administration (hereinafter referred to as the “two departments”) jointly issued the “Opinions on Strengthening the Protection of Intellectual Property Rights in the Field of Centralized Pharmaceutical Procurement” (hereinafter referred to as the “Opinions”)[1]. The “Opinions” mainly includes three parts: establishing a coordination mechanism, strengthening work cooperation, and strengthening the safeguard on work.
If the patent linkage system pursuant to Article 76 of the newly effective Patent Law has linked the pharmaceutical market approval examination to relevant patent dispute resolution procedures, the current Opinions has linked the centralized procurement to the IP protection (primary on prevention of patent infringement), which to a certain extent fill in the blank regarding the pharmaceutical patent dispute resolution during centralized procurement for pharmaceuticals. By systems of self undertaking by enterprises, request from centralized pharmaceutical procurement organs to IP offices for consultation opinions on patent infringement objection on relevant products during centralized procurement, and efficient resolution by IP offices of patent infringement dispute related to products involved in centralized procurement, the Opinions has further enhance the IP protection in the field of centralized pharmaceutical procurement.
We are cautiously optimistic that the promulgation of the “Opinions” may have a significant impact on the practice of patent protection in centralized pharmaceutical procurement, and achieve a new balance between stimulating pharmaceutical innovation and improving drug accessibility. The present interpretation will be on the key points of the “Opinions” in order to bring certain benefits to relevant practices.
Continue Reading Linkage between Patent and Centralized Procurement: Interpretation on Key Points of “Opinions on Strengthening the Protection of Intellectual Property Rights in the Field of Centralized Pharmaceutical Procurement”