Patent Law

Authors of the March 2007 report entitled, "China?s Guidebook for Pharmaceutical Patent Protection," Wu Yifeng and Labwu Zengxian of Access China, provide information on the legislative climate in China and discuss various aspects of patent rights protection in the country. The following is an excerpt from a November 1, 2007 article that appears at PharmaAsia:

With a projected growth rate of 15-20% per annum in next three years in China, the country has attracted more overseas pharmaceutical manufacturers and producers to enter the drug market and seize a larger share of the pie. However, the Chinese social environment for the protection of intellectual property right is complex with locally produced generics and copy products dominating the market. It is estimated that about 97% of the drugs produced by local companies are generics or counterfeits.

Against this backdrop, most overseas and multinational pharmaceutical companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied, which will in turn infringe on their intellectual property rights and violate their market benefits. Lessons can be learned on why Eli Lilly & Company failed in its litigation of patent infringement dispute case in China, and Pfizer winning in an administrative proceeding against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra patent. Lack of knowledge of the Chinese intellectual property rights system and legislation institution, the cultural difference between China and Western countries and the language barriers incurred contributed to the wins or losses in these cases.

The China?s Guidebook for Pharmaceutical Patent Protection published by Access China Management Consulting Ltd on March 2007 introduces the protection of patent right in relation to pharmaceutical products in China.

Read the full article here.