Ms. Jennifer CHE, J.D., Vice President and Principal of Eagle IP Limited, shared about the unique IP challenges biomedical innovations in the GBA and China face. She demonstrated how a strategic approach to IP is crucial – especially at the earliest stages – to avoiding messy issues down the road. She finally touched upon what unique role Hong Kong can play to help protect and cultivate future important biomedical inventions arising out of the GBA and China.

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IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 2: Grace Period without Loss of Novelty

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Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released […]

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Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named […]
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Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?

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This case is focused on polymorphs, namely what are the standards for novelty and inventiveness when it comes to new crystal forms of a known drug? A recent Supreme People’s Court decision in China is illustrative of the way Chinese courts are thinking about polymorph patents in China. Grünenthal is a German pharmaceutical company and […]
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