Shanghai Enhances Biomedicine IP Protection with New Procurement-Linked Measures

The Shanghai Intellectual Property Administration (SIPA) has issued a notification highlighting the city’s intensified efforts to protect intellectual property (IP) rights within the biomedicine industry. This strategic move comes on the heels of several high-profile administrative rulings on biopharmaceutical patent infringement disputes in Shanghai, underscoring a commitment to a linkage protection mechanism. The integration of IP considerations into the drug procurement process and enhancements to the efficiency of IP supervision are also part of this initiative.

SIPA, in collaboration with the Shanghai municipal healthcare security bureau, has released the “Implementation Opinions on Strengthening Intellectual Property Protection in the Field of Pharmaceutical Procurement in the City.” These guidelines call for the establishment of a consultation mechanism, clarification of liaison agencies, and strengthen of information sharing. Under SIPA’s guidance, the Shanghai Pharmaceutical Intellectual Property Protection Professional Committee will be formed to provide professional support on key and emerging issues in pharmaceutical IP protection. The document proposes the creation of an enterprise self-commitment system, refinement of patent infringement objection procedures, and strengthen of business cooperation across procedural linkage, dispute resolution, and enforcement of judicial rulings. It also emphasizes the connection between patent confirmation and pharmaceutical procurement, and the establishment of a Yangtze River Delta protection cooperation mechanism. Drugs and medical consumables intended for Shanghai’s procurement tenders will be closely monitored, with a focus on analyzing and assessing associated IP risks.

In a separate development, SIPA, along with the Shanghai High People’s Court and three other bureaus, has introduced the “Interim Implementation Measures on Strengthening the Intellectual Property Appraisal Work in the City.” These measures mandate the creation and improvement of an IP appraisal work mechanism, the development of a directory of IP appraisal institutions, and the promotion of the Shanghai Intellectual Property Appraisal Professional Committee to coordinate related efforts.- Flcube.com

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