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ARTICLE · 15 JULY 2021

China IP Laws & Regulations: July 2021 (Issue 1)

NMPA and CNIPA Jointly Issued Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial) (Patent Linkage)...

ChinaIntellectual Property

Laws & Regulations

NMPA and CNIPA Jointly Issued Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial) (Patent Linkage) 国知局、药监局联合发布《药品专利纠纷早期解决机制实施办法(试行)》

Issue Date: 2021-07-04

Effective Date: 2021-07-04

On July 4, 2021, the NMPA and the CNIPA issued the “Implementation Measures for the Early Settlement Mechanism of Drug Patent Disputes (for Trial Implementation)” (the “Measures”), which aims to provide a mechanism for parties to resolve relevant patent disputes in the drug marketing review and approval process, protect the legitimate rights and interests of drug patent owners, and reduce the risk of patent infringement after the listing of generic drugs. That is, a system for patent linkage.

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