Berkeley Center for Law & Technology
China’s commitment to have a patent linkage system, similar to the Hatch-Waxman regime in the United States, was an important outcome of the Phase 1 Trade Agreement between the US and China. On October 17, 2020 that commitment was realized through amendments to China’s patent law. Much uncertainty still remains about the roles of the courts, China’s food and drug agency, and China’s patent office in implementing this new system for linking pharmaceutical regulatory approval with patent infringement determinations. Join us and a world-class team of outside and in-house Chinese and US lawyers as we discuss the implications of China’s “patent linkage” regime for foreign and Chinese innovative pharmaceutical companies and generic competitors.