Substantive Issues Plague China's Patent Linkage Regime

Law360 (November 10, 2020, 3:48 PM EST) -- On Oct. 17, the National People's Congress of China passed an amendment to China's patent statute, with a specific set of provisions focused on implementing a patent linkage regime.

This amendment represents another step in the considerable strides China has made in balancing the protection of intellectual property against other public interests.

China's increasingly sophisticated patent and enforcement system — including specialized courts and administrative agencies — is more modern and potent than ever before. It is equally as important to commend that progress as it is to recognize the shortfalls in this most recent amendment.

As China continues to refine...

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