Proceedings of the 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018)

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From American Acts to CPTPP Rules: the Enlightenment to Patent Linkage Reforms in China

Authors
Shun Diao
Corresponding Author
Shun Diao
Available Online August 2018.
DOI
10.2991/jahp-18.2018.79How to use a DOI?
Keywords
CPTPP; patent linkage system; generic drug; brand name drug
Abstract

The patent linkage rules in CPTPP belong to the TRIPS-plus clause, which are divided into two types, including soft ones and strong ones. The member states of CPTPP can choose either of the two. Different from the soft ones, strong patent linkage rules pay more attention to the expansion of the patent rights of the brand name manufacturer, rather than the resolution of disputes. Though not as the member state of CPTPP, China would further establish the patent linkage system. Learning from the experience of U.S., Canada, Australia and Singapore, the system of patent linkage should be based on the HWA. It is wise to regulate the patent linkage system under the Chinese patent law and under the law of pharmaceutical administration. The coordination and cooperation between CFDA and SIPO should also be strengthened. In addition, it’s essential for China to establish the disclosure of patent information system like Orange Book and provide some provisions related to the disciplinary mechanisms on the notification obligations. Furthermore, referring to foreign legal system, a set of controls is also needed for the reduction or prevention of the lawsuit abuse.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
August 2018
ISBN
10.2991/jahp-18.2018.79
ISSN
2352-5398
DOI
10.2991/jahp-18.2018.79How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Shun Diao
PY  - 2018/08
DA  - 2018/08
TI  - From American Acts to CPTPP Rules: the Enlightenment to Patent Linkage Reforms in China
BT  - Proceedings of the 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018)
PB  - Atlantis Press
SP  - 393
EP  - 399
SN  - 2352-5398
UR  - https://doi.org/10.2991/jahp-18.2018.79
DO  - 10.2991/jahp-18.2018.79
ID  - Diao2018/08
ER  -