Case brief:

In June 2021, Takeda Pharmaceutical Company Limited submitted a request to the Shanghai Intellectual Property Administration. The claimant believed the Vonoprazan products of Shanghai Macklin Biochemical Co Ltd infringed on its patent No. ZL200680040789.7.

Upon investigation, the administration found that the defendant's products were marked with its trademark, English name and other information, but the manufacturing information was not disclosed on the product package. Therefore, it was reasonable to infer that the defendant was being publicized as a manufacturer and should be identified as the manufacturer of the products. 

The defendant also displayed the name, inventory, price and technical specifications of the infringing products on its official website and on another online platform.

In October 2021, the administration made an administrative decision, confirming that the defendant had committed the act of manufacturing, offering to sell or selling the infringing products, which constituted an infringement of the patent right involved.    

Significance:

Based on the characteristics of the drug patent infringement determination, the case compared the chemical structure of the infringing products and the patent involved, and created a new arbitral award model with a graphic comparison of a chemical structure in it. 

It is regarded as being significant for similar cases in China and for the healthy development of the country's pharmaceutical industry.