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China To Revise Law On Patent Abuse

This article was originally published in PharmAsia News

Executive Summary

A draft of China's revised patent law will be submitted to the Standing Committee of the National People's Congress for review on Aug. 25. A key point of the revision is the restriction of patent rights abuse. The draft explains that in situations where public health is threatened by epidemics or infectious diseases, the patent administrative department under State Council can decide on imposing a mandatory licensing system for drugs to guarantee adequate supply. Bolar Exception rules are also included (PharmAsia News, July 22, 2008). If passed, the new law will benefit local firms, which are increasingly facing pharmaceutical MNC charges on patent infringement. (Click here for more - Chinese Language)

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