China's First Judicial Decision on Patent Linkage

June 09, 2022 | BY

Fang Qi &Danlei Wu

The Beijing Intellectual Property Court recently issued the first-ever decision in a dispute between a brand-name and a generic drug company under China's newly-created patent linkage regime. Fang Qi and Danlei Wu of Fangda Partners examine the decision and its implications

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Summary 

  • China has recently introduced a patent linkage regime which aims to resolve patent disputes more quickly.
  • This regime was tested recently in a dispute between a brand-name and a generic drug company which was decided on by the Beijing IP Court.
  • Patent linkage lawsuits can be started with declarations being filed at either the Beijing IP Court or the CNIPA – each forum has certain advantages.
  • It will take some time for details of the regime to be ironed out, and guidance is expected to be issued in due course. This is likely to result in a rise in the number of patent linkage cases.