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 for its Viagra patent? China's Guidebook for Pharmaceutical Patent Protection is an essential resource for overseas and multinational pharmaceutical companies to achieve a successful patent protection for their pharmaceutically intellectual property in China.

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 five 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 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 is an 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. 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, audiences and readers can not only be clearly aware of the Chinese patent system and legislation institution, but also design an optimized patent protection strategy for themselves to acquire an adequate protection for their patent right in China.

Guidebook Highlights

China's 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 protection strategies.

    · The organization structure of patent authorities and judicial system;
    · A comprehensive and thorough knowledge of the Chinese patent system
      and the relevant laws and administrative regulations relating to pharmaceuticals;
    · The patentable subject matter relating to pharmaceuticals in China;
    · Administrative protection for patent right;
    · Civil judicial procedures and remedies for patent right;
    · Criminal punitions for infringement of patent right;
    · Design for compositions of optimized protection strategies;
    · Case studies and comparative analyses of patent infringement disputes.


Table of Contents

Executive Summary

Preface

Chapter 1. Introduction

Chapter 2 . Organization Structure of Patent Authorities and Judicial System

  2.1. Organization Structure of Patent Authorities
  2.2. Organization Structure of Judicial System
  2.3. Responsibilities of the State Intellectual Property Office (SIPO)
    2.3.1. Responsibilities of the Patent Office
    2.3.2. Responsibilities of the Patent Reexamination Board

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

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

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

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

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

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

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

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

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

Chapter 12. Appendices
  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
  12.2. Case 2: A Patent Infringement Dispute of Abbott Laboratories v. Andrx
      Pharmaceuticals, INC.
  12.3. List of the People's Courts Accepting First Instance Administrative and
      Civil Litigations for Patent Case
  12.4. Patent Registration and Patent Gazette in China
    12.4.1. Patent Registration in China
    12.4.2. Patent Gazette in China
  12.5. References
  12.6. Resources
  12.7. Author's Biography
  12.8. Company's Description

This report produced and published by Access China.
  

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