On July 4, 2021, the National Medical Products Administration
(NMPA) and the National Intellectual Property Office (CNIPA)
together issued Measures for the Implementation of Early Resolution
Mechanisms for Drug Patent Disputes. In this "Measures",
it is stipulated that there are two channels for the patentee or
interested party who has objections to one of the four types of
declarations made by the generics applicant to officially determine
whether the relevant technical solutions of a drug applying for
marketing approval falls into the protection scope of the relevant
patent, namely the judicial channel and the administrative channel.
To better implement this "Measures", on the next day,
July 5, 2021, the Supreme People's Court issued a relevant
judicial interpretation entitled "Provisions of the Supreme
People's Court on several issues concerning the application of
law in the trial of civil cases of patent disputes related to drugs
applied for registration"
