China's Guidebook for Pharmaceutical Patent Protection : Market Research Report

China's Guidebook for Pharmaceutical Patent Protection

Published by: Access China Management Consulting Ltd.

Published: Jun. 1, 2008 - 160 Pages

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)
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; 5.4. Application for Patent
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; 10.3. Administrative Protection for Patent Right; 10.4. Administrative Judicial Procedures for Protection of Patent Right; 10.5. Civil Judicial Procedures and Remedies for Patent Right; 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; 11.2. 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; 12.5. References; 12.6. Resources; 12.7. Author’s Biography; 12.8. Company’s Description

Abstract

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 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.

Get Full Details About This Report >>

US: 800.298.5699

Int'l: +1.240.747.3093

About MarketResearch.com
MarketResearch.com is an online aggregator selling over 160,000 market research reports, company profiles and country profiles from over 600 research firms. Our reports will provide you with the critical business and competitive intelligence you need for strategic planning and marketing research. Coverage includes the US, UK, Europe, Asia and global markets.

China's Guidebook for Pharmaceutical Patent Protection

Table of Contents

Abstract