CHINA PATENT & TRADEMARK LAW OFFICE
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    • China's intellectual property rights protection improved to create a sound business environment
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    • China strengthens intellectual property rights protection prior to Beijing 2022
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    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
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    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
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    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
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    • What’s the Difference Between Patents, Copyrights and Trademarks
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    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
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On June 1, 2021, the Chinese government implemented crucial changes to its patent laws, hoping to create better protections for national and international inventors.

This is just the latest in a series of changes to the country’s IP law in the past few years, which have seen damages awards raised for trademark disputes, a cut in junk filings, and the creation of a new patent dispute resolution system.

But what do these rules mean for life sciences? We invited Keith Haddaway, partner at Venable to host this week’s LSPN Connect panel and explain the new-look regime.
Linkage system

China’s new patent laws include a “linkage system”, similar to the US’ Hatch Waxman, which introduces an “orange book” of listed drugs and relevant patents, a notification system for generic applicants, and a dispute resolution process, among other provisions.

Addressing the new system, Haddaway explained: “It is generally similar to the US’ with some key differences… The purpose is the same but it differs in that it consolidates the types of drugs found in the US orange book and the purple book into one, so it includes both pharmaceuticals and biologics patents.”

Perhaps the most unique part of China’s orange book is the inclusion of traditional Chinese medicine. Haddaway clarified: “The listable patents for these would be formulations, the method of extraction and their medical uses.”

As it stands, there is also no formal avenue for challenges to patents in the Chinese orange book, but the new law does state that if a patentee abuses its rights, then a generic applicant can seek damages.

“While it is not explicitly said in the amendment that an abuse of patent rights would be an incorrect listing, I think there could be grounds in which an applicant could seek a lawsuit,” Haddaway said.
Outside influences

Haddaway also covered several general patent law amendments that will have a demonstrable impact on life sciences litigation and protection.

The country’s life sciences patent system used to function on a “technical advancement” approach, according to Haddaway, but with these amendments, it is moving towards a “problem-solution” approach when it comes to proving inventive step.

“This means that differences in structure and uses are going to be more easily demonstrated for patentability,” said Haddaway. This does not just apply to pharmaceuticals, but also to biotech inventions.

Patent term extensions have been implemented but will need to be requested within three months of approval. Also, the longest extension a patentee can get is five years. 

And in the case of damages, Chinese courts can now impose up to five times actual damages in patent disputes. 

Haddaway concluded: “The takeaway is that China is trying to amend its laws to be more in line with IP laws in other countries such as the US, Europe, Korea and Japan. And the effort is not to just be pro patentee, but to give an aura of being pro-patentee in order to encourage foreign brands to enter the market, and apply for patents there.

“No matter how much faith you have, China continues to give the impression that the IP system is becoming better and more open to key protections and changes happening in other jurisdictions.”
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  • Home
  • About
  • IP Services
    • Trademark
    • Patent
    • Utility Model
    • Design
    • Copyright
  • Translation
  • News
    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
    • News
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  • Contact