China Plans To Establish A Drug Patent Linkage System

China has proposed a new rule framing a drug patent linkage system that will have significant impact on multinational pharmaceutical companies doing business in China. On September 11, 2020, the National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) issued the "Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial for Implementation)" (the Draft Measures). NMPA and CNIPA are inviting public comment on the Draft Measures until October 25, 2020. When finalized, this new patent linkage system will present significant challenges and opportunities for both innovator and generic drug companies doing business in China.