Patentees Get Boost With China's Version Of Hatch-Waxman

Law360 (June 3, 2021, 10:28 PM EDT) -- A new Chinese litigation system for drug patents that is modeled on the U.S. Hatch-Waxman Act could be a boon for branded drugmakers by resolving infringement disputes before generic products launch, but the industry will be monitoring whether it works as intended.

China's new framework, which took effect this week, was created by a law enacted in October and will mean that owners of drug patents can file infringement suits over planned generic drugs without having to wait until those competing products are on sale.

Akin to Hatch-Waxman, the so-called patent linkage system provides a mechanism for branded drug companies to...

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