Background
During China’s drug procurement process, patent infringement of originator drugs still exists. The process of stopping such infringement involves multiple government agencies that lack effective coordination.
As a result, companies facing infringement must go through a lengthy and difficult process to defend their rights. This undermines the legitimate rights of multinational innovator drug companies and reduces their investment confidence in China.
Result
Since 2020, the European Chamber Pharmaceutical Working Group has been actively advocating for coordinated IP protection during China’s drug procurement process.
On 30th December 2022, the National Healthcare Security Administration (NHSA) and the China National Intellectual Property Administration (CNIPA) jointly issued a new measure introducing a coordinated IP protection framework. This framework allows drug procurement agencies to remove, exclude or cancel the bidding eligibility of infringing products.
Impact
- Strengthened coordination among government agencies in IP enforcement;
- Enhanced protection of patent rights during the drug procurement process;
- Improved business confidence for multinational pharmaceutical companies in China.
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