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Aarkstore Enterprise -Chinas Guidebook for Pharmaceutical Patent Protection

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        Chinas Guidebook for Pharmaceutical Patent Protection
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        Published Date :  June 2008

        Pages : 160



         $ 1495 - PDF                  6   



        Description

        China is expected to become the fifth largest drug market in the world by 2010 with a growth rate of 20-
        25 percent per annum in next three years. As China joins the World Trade Organization (WTO) and
        integrates more completely into the global economy, it will further open the door to a lucrative drug market
        for overseas pharmaceutical companies, which attracts more and more overseas pharmaceutical
        manufacturers and producers to enter such drug market and seize a larger part of such drug market.                                                 
        However, the Chinese social environment for the protection of intellectual property right is complex. The
        locally produced generics and copy products dominate the Chinese drug market. It is estimated that about                                               Late
        97 percent of the drugs produced by local companies are generics or counterfeits.                                                          




        Facing such complex social environment and market, most overseas and multinational pharmaceutical
        companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied,
        in turn, their intellectual property will be infringed and benefit will be violated. What reason incurred such
        fear of overseas and multinational pharmaceutical companies? Why did Eli Lilly & Company fail in its
        litigation of patent infringement dispute case in China? Why can Pfizer win in an administrative proceeding
        against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra
        patent? Lack of knowledge of the Chinese intellectual property right system and legislation institution, the
        cultural difference between China and Western countries as well as the language barriers incurred such
        result.

        China s Guidebook for Pharmaceutical Patent Protection i s a n essential resource for overseas and
        multinational pharmaceutical companies to achieve a successful patent protection for their intellectual
        property in China. This guidebook, targeting overseas and multinational pharmaceutical companies and
        combining case studies of patent infringement dispute in China from them, will provide a comprehensive
        and thorough knowledge of the Chinese patent system and legislation institution to guide overseas and
        multinational pharmaceutical companies step by step to achieve a successful patent protection for their
        intellectual property in China, which is beginning from the organization structure and the responsibility of
        Chinese patent authorities, the application for patent, the examination and approval of application for
        patent, the protection of patent right, to design for compositions of optimized patent protection strategies.                                 Opportunities

 
        Its audiences are the executives from overseas and multinational pharmaceutical companies who have the                                             
        preliminary knowledge of patent. It is also a textbook for the readers studying in the patent protection for
        intellectual property rights relating to pharmaceuticals. After having skimmed through this guidebook,                                              Get
        audiences and readers can not only be clearly aware of the Chinese patent system and legislation                                                 Newslet
        institution, but also design an optimized patent protection strategy for themselves to acquire an adequate
        protection for their patent right in China.
                                                                                                                                                               Receiv
                                                                                                                                                               New M
        Guidebook Highlights
                                                                                                                                                               Sub
Chinas Guidebook for Pharmaceutical Patent Protection provides a comprehensive and thorough
knowledge of the Chinese patent system relating to pharmaceuticals, the detailed administrative, civil and
criminal judicial pathways for protections of patent right, and the design for composition of optimized
                                                                                                                        Download
protection strategies.
                                                                                                                     



                                                                                                                          Law
    l   The organization structure of patent authorities and judicial system;
                                                                                                                          Miscellane
                                                                                                                    



    l   A comprehensive and thorough knowledge of the Chinese patent system and the relevant laws and             
        administrative regulations relating to pharmaceuticals;                                                   

    l   The patentable subject matter relating to pharmaceuticals in China;

    l   Administrative protection for patent right;

    l   Civil judicial procedures and remedies for patent right;

    l   Criminal punitions for infringement of patent right;

    l   Design for compositions of optimized protection strategies;

    l   Case studies and comparative analyses of patent infringement disputes.



Table of Contents :
Executive Summary 4
Preface 6

Chapter 1. Introduction 9

Chapter 2 . Organization Structure of Patent Authorities and Judicial System 12
2.1. Organization Structure of Patent Authorities 12
2.2. Organization Structure of Judicial System 14
2.3. Responsibilities of the State Intellectual Property Office (SIPO) 15
                                                                                                              
2.3.1. Responsibilities of the Patent Office 15
2.3.2. Responsibilities of the Patent Reexamination Board 16

Chapter 3. The Objects of Patent Right 17
3.1. The Objects of Patent Right 17
3.2. The Non-Patentable Subject Matter 18

Chapter    4. The Patentable Subject Matter Relating to Pharmaceuticals 19
4.1. The   Patentable Subject Matters for Invention 19
4.2. The   Patentable Subject Matters for Utility Model 22
4.3. The   Patentable Subject Matters for Design 22

Chapter 5. Application for Patent 23
5.1. The Right of Patent Application 23
5.2. The Applicant for Patent 24
5.3. The Date of Filing and the Priority Date 24
5.3.1. The Date of Filing 25
5.3.2. The Priority Date 25
5.4. Application for Patent 27
5.4.1. Application for a Patent for Invention or Utility Model 28
5.4.2. Application for a Patent for Design 33

Chapter 6. Examination and Approval of Application for Patent 34
6.1. Examination and Approval of Application for Patent for Invention 35
6.2. Examination and Approval of Application for Patent for Utility Model and Design 42
6.3. Examination and Approval Procedure of Application for Patent for Invention 48
6.4. Examination and Approval Procedure of Application for Patent for Utility Model or
Design 50

Chapter 7. Reexamination of Patent Application and Invalidation of Patent Right 51
7.1. Reexamination of Patent Application 51
7.2. Reexamination of Invalidation of Patent Right 53

Chapter 8. Legitimate Rights and Liabilities of Patentee 56
8.1. Legitimate Rights and Interests of Patentee 56
    8.2. Legitimate Liabilities of Patentee 58

    Chapter 9. Limitation of Patent Right 58
    9.1. Exceptions to Patent Right Conferred 59
    9.2. Compulsory License for Exploitation of Patent 60

    Chapter 10. Protection of Patent Right 62
    10.1. Duration and Scope of Patent Right Protection 62
    10.2. Infringement of Patent Right and Legal Liability of Infringer 62
    10.2.1. Infringement of Patent Right 63
    10.2.2. Legal Liability of Infringer 64
    10.3. Administrative Protection for Patent Right 65
    10.3.1. Administrative Protection of the Patent Authorities 65
    10.3.2. Administrative Protection of the Customs 67
    10.4. Administrative Judicial Procedures for Protection of Patent Right 73
    10.5. Civil Judicial Procedures and Remedies for Patent Right 74
    10.5.1. Scope of Civil Patent Disputes 74
    10.5.2. Jurisdiction 75
    10.5.3. The Time Limit of Litigation 76
    10.5.4. Application for Pre-trial Cessation of Infringement and Property Preservation 76
    10.5.5. Litigation 79
    10.5.6. Remedies and Compensations 81
    10.6. Criminal Punitions for Infringement of Patent Right 83

    Chapter 11. Compositions of Optimized Protection Strategies 83
    11.1. Optimized Patent Protection Strategies based on the Kind of Patent Right 84
    11.1.1. Review of Some Essentials of Knowledge 84
    11.1.2. Compositions of Optimized Patent Protection Strategies based on the
    Kind of Patent Right 87
    11.1.3. Case Studies 91
    11. 2. Optimized Protection Strategies beyond Patent Right 99
    11.2.1. Case Study: Pfizer s Viagra Patent and Trademark Dispute in China 100
    11.2.2. Essential Knowledge of Registered Trademark in China 107
    11.2.3. Optimized Protection Strategies beyond Patent Right 113

    Chapter 12. Appendices 114
    12.1. Case 1: A Patent Infringement Dispute of Eli Lilly (Eli Lilly and Company)
    v. Jiangsu Hansoh Pharmaceutical Corporation & Shanghai Institute of
    Pharmaceutical Industry in China 114
    12.2. Case 2:: A Patent Infringement Dispute of Abbott Laboratories v. Andrx
    Pharmaceuticals, INC. 130
    12.3. List of the People s Courts Accepting First Instance Administrative and
    Civil Litigations for Patent Case 150
    12.4. Patent Registration and Patent Gazette in China 153
    12.4.1. Patent Registration in China 153
    12.4.2. Patent Gazette in China 153
    12.5. References 155
    12.6. Resources 157
    12.7. Author s Biography 158
    12.8. Company s Description 159
     

 
    Published By :Access   China Management Consulting Ltd


 


 

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