China: A Patent Linkage Update



  • Available Until 1/1/2024
  • Class Time 1:00 PM PT
  • Duration 90 min.
  • Format On-Demand
  • Program Code 004
  • CA General CLE Credits: 1.50 hr(s)

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China committed to a patent linkage (Hatch-Waxman) regime linking pharmaceutical regulatory approval and patent infringement determinations in the Phase 1 Trade Agreement concluded with the United States in January 2020. The linkage regime is part of a series of pharmaceutical IP related reforms set forth in that Agreement.

With the enactment of China’s revised patent law, as well as the adoption of new rules on patent linkage on July 4, 2021 and a new Judicial Interpretation on July 5, 2021, the basic legislative framework for China’s new patent linkage regime is now in place. But how will these new rules work in practice?


Mark Cohen, BCLT/Berkeley Law (Moderator)
John Balzano, Covington
Douglas Clark, Rouse (Hong Kong)
Jill Ge, Allen & Overy (Shanghai)
He Jing, Genlaw (Beijing)
Judge Randall R. Rader (ret.)