By King & Wood Mallesons’s Healthcare Group

On 19 September 2012, SFDA released the Rules on Imposing Administrative Penalties for Drugs and Medical Equipment (Consultative Draft) (the “Draft”) and sought feedback from the public. The Draft shall apply to all types of violation regarding drugs and medical equipments, where SFDA has discretion on imposing administrative penalties.
Continue Reading MORE CERTAINTY, LESS DISCRETION —— Proposed New Rules on Administrative Penalty over Drug and Medical Equipment Industry

By King & Wood Mallesons’ Healthcare Group

Some recent news releases show that the PRC Ministry of Health has proposed to revise (the “Proposed Revision”) the current Measures for Inspection of Medical Advertisement (promulgated on 13 March 2007 and effective as of 1 May 2007) (the “2007 Measures”).

Among all other changes in the Proposed Revision, one hot-button issue is that, except for general information and name of the medicine, any other specific information (e.g. usage) regarding all medicine, including OTC medicines, is no longer allowed in public-oriented media, and only allowed in professional media. Compared with the 2007 Measures, which allowed OTC medicine advertisement to be used in public media, but subject to inspection by the SFDA. However, the Proposed Revision might ban this practice.
Continue Reading Proposed Change on Medical Advertisement Related Regulation Might Cease All Advertisement for Otc Medicines in Public Media

By Mia Qu and Bessie Ye, King & Wood’s IP Department

To many foreign companies, China remains attractive as the world’s largest potential market for pharmaceutical products. As such products rely heavily on the protection of intellectual property rights, it is essential for foreign companies in this field to adopt a combination of IP protection methods to formulate a strategy for their products in China. To this end, China has established a relatively comprehensive legal system in relation to IPR protection where intellectual assets are protected by way of patents, trademarks, copyrights, and trade secrets.
 Continue Reading Protecting Pharmaceutical Intellectual Property Rights in China