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ARTICLE · 01 JUNE 2022

Beijing IP Court Hears China's First Patent Linkage Case

Patent linkage refers to the relationship between the market approval for a generic drug and the patent status of its branded equivalent.

ChinaIntellectual Property

Date:15 April 2022

In the first drug patent linkage litigation case in China since the implementation of the new Patent Law, Chugai Pharmaceutical Co., Ltd ('Chugai Pharma') v. Wenzhou Haihe Pharmaceutical Co., Ltd ('Haihe Pharma'), the Beijing Intellectual Property Court held that the generic drug involved did not fall within the scope of protection of the Plaintiff's patent. (Patent linkage refers to the relationship between the market approval for a generic drug and the patent status of its branded equivalent.)

The Plaintiff, Chugai Pharma, was the owner of a patent (No. 200580009877.6 ) for the ED-71 preparation, a pharmaceutical preparation that inhibits certain activity in the Vitamin D analogue, E-71. It was also the holder of a marketing authorization for "Eldecalcitol Soft Capsules", approved for the treatment of Osteoporosis.

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