After " patent law " is revised Not been become possible by Damien's Philippines of licensed-type production

After " patent law " is revised Not been become possible by Damien's Philippines of licensed-type production

For the third time " the the intersection of the People's Republic of China and patent law " of revision ' Call " patent law " in the following text) Implement formally on October 1 of 2009, as to medical intellectual property protection with strong and complicated professional lines, technology, will produce the function that can't be ignored.
A few days ago in global the intersection of pharmacy and front that Shanghai hold ' China) On the forum, revising around " patent law " and influence on researching and developing the field, the personages from government, enterprise and law circle have carried on the deep discussion.
Increase and permit contents such as the system,etc. by force
On the forum, the medical living beings checking department minister Zhang QingKui of State Intellectual Property Bureau has combed the main content that " patent law " revises this time at first. Increase the content about hereditary protection of resources, " The emergent novelty of mixing " Change into " absolute emergent novelty " , improve the intersection of mandate and standard of appearance design, increase, involve public permitting systemming, increasing medicines and the intersection of experiment and the intersection of exception,etc. and content of medical equipment by force healthy, it is the place of more important modification for medical trade.
Zhang QingKui points out, goes over, foreign medicines and medical equipment were not only disclosed in the form of public publication for example, still probably apply for patent protection in China, and the relevant regulation is amend " absolute emergent novelty standard " to read in " patent law " And then, such an application can not be protected by patent.
"This research and development level given to enterprises has put forward higher requirement. " It says, " absolutely novel " to go to the medicine group letter friendship chief of institute of materia medica Dr. Zhang JunDong Products last patent,impel this last real innovation enterprise, in the long run contribute to improving the research and development capability of innovative enterprises.
" patent law " revised newly has also increased and permitted the system by force. Zhang QingKui shows, this will contribute to opposing the intellectual property right and monopolize and solve the public health crisis. In fact, it is early when 2005 bird flu breaks out, the general factory of pharmacy of White Cloud Mountain of Guangzhou (call " White Cloud Mountain " in the following text )Research and develop the intersection of Damien and Philippines, model medicine already, get the intersection of Luo and licensed-type production, " the patent law " revise, increase involve public permitting after the system by force healthy, will offer legislative authority for the fact that White Cloud Mountain will introduce and resist the first type H1N1 influenza medicine. Once first flows the epidemic situation breaks out on a large scale, is weighed the advantage and disadvantage between public health and patent protection, the patent permits the case to take place by force for the first time in the hinterland.
Finally, Zhang QingKui also referred to the exceptional clause of the experiment - -" offer and examine and approve the information needed and make, use, import the medicines of patent or medical equipment not to infringe " . This registers relevant regulations in management to echo with medicines, contribute to medicine and morning city of non- patent, the profit is better than imitation medicine enterprises.
Still leave a question open in several questions
Revising and promoting the innovation of medicines of " patent law ", however, still several problems have not been solved yet.
First of all, have all set up medicines patent to lengthen the protection system in the patent systems of a lot of countries in the world at present, but not considered a question lengthened of patent temporarily in revision this time. Zhang QingKui thinks to this, this kind of situation will weaken the protection of the patent, is unfavorable to encouraging innovations.
Zhang JunDong proposes, lengthens protection period of medicine of patent and can remedy time when medicines consume in the course of applying and obtaining listing examination and approval, furthermore help to stimulate the innovative motive force of enterprises, however, enterprises can utilize various patent associations, protect the patent and lengthen the one of patent all-roundly.
"This requires enterprises to have very strong patent consciousness. " Zhang JunDong says.
Secondly, medicines register management require " applicant should to that it apply for the registration medicine or prescription, craft, use of use,etc., offer applicant or others' patent in China and explanation that the right belongs to the state; Others have the patent in China, the applicant should refer to the statement to that others' patent does not form infringing " . Zhang QingKui points out, this is chained, chain the system without the patent of the essence by a kind of formal patent, will be unfavorable to registering links in medicines " Enclose and stop up " Tort of patent.
Finally, " patent law " guaranteed medicine of patent and enjoyed the preferential policy on the fixed price, but current bid and purchase, medical insurance medicines catalogue system favor low price medicine. It accords with the equilibrium of the China's actual conditions how to look for in the game, will test the intelligence of the government department.
Set up global tactics
"It is Chinese enterprises that begin to make and ponder deeply the opportunity of enterprise's global intellectual property right tactics now, this can't accomplish in one move, but need long-term plan. " Absorb in the intersection of intellectual property right and the intersection of field and U.S.A. that law study fly to Yi Lin, writing brush of lawyer's office think, say, before beginning to expand the overseas market in the pharmacy enterprises of China, must consider how to protect one's own intellectual property right well, how to evade the possible infringement risk. This needs Chinese enterprises to fully understand relevant laws and regulations of intellectual property right of each overseas country, make the good whole intellectual property right tactics.
For example, since 2005, U.S.A. begins to discuss the patent reform, wants to make the first inventor to change into first applicant's system, this has given imitation medicine and challenged the chance to grind medicine originally, so grind the tactics of intellectual property right in U.S.A. of medicine enterprise and need to adjust correspondingly originally.
"The wind throws when being chosen the target, is there a patent, especially global patent, it is one of the very important factors of evaluation. Some wind will also consult patent application and protection situation of some enterprises to the lawyer's office to throw, this proves from the side enterprises set up the importance of the global intellectual property right tactics. " It is said that partner of representative office of Shanghai of lawyer's office Wang Ning Ling of writing brush flies.
In the field of patent very important a international cooperation treaty is PatentCooperationTreaty (cooperation agreement of patent, PCT) ,Wang NingLing reminds Chinese enterprises, under PCT frame, after an invention is submitted a PCT application, put forward the patent application on equal to at the same time in member statesing. Because of file materials, can't change, and different patent statute of member state different to some extent, it is suitable for all member states that a patent application is very difficult, so to declaring the filling in and putting forward very high requirement of the materials. However, the delaying one of PCT has provided the right that the alternative enters some countries for enterprise. This is a part of enterprise's global intellectual property right tactics too.
Wang NingLing still proposes Chinese enterprises, especially want to land the enterprises abroad, there should be strong patent and consciousness. The latter not only helps to prevent from and is infringed, also can prevent the risk of infringing. For example in U.S.A., a lot of the intersection of enterprise and products can ask patent attorney assess risk of infringing it list, in order to avoid
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