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Shanghai strengthens biopharma IP protection

ensipa.cn|Updated: December 24, 2024

Shanghai is stepping up its efforts to protect intellectual property (IP) in the biopharmaceutical sector, significantly boosting the confidence of foreign pharmaceutical companies in investing in the city.

In recent years, the Shanghai Intellectual Property Administration (SIPA) has implemented robust IP protection measures, earning praise from multinational pharmaceutical giants such as Germany's Bayer and Boehringer Ingelheim, and Switzerland's Roche, all of which have expressed their appreciation by presenting SIPA with banners of thanks.

Most recently, Japan's Takeda Pharmaceuticals sent a letter of gratitude to the Shanghai municipal government, praising the city's professional and efficient IP protection system. Takeda noted that these efforts have encouraged innovation and strengthened its commitment to expanding its investment in China.

Shanghai's strategy to protect IP in the biopharmaceutical industry includes several key measures. One of the primary approaches is the use of administrative adjudication for patent infringement disputes. This method, known for its efficiency, low cost, and specialized expertise, has proven essential in resolving patent disputes. In recent years, SIPA has handled 17 biopharmaceutical patent infringement cases through administrative adjudication, effectively protecting the legitimate rights of pharmaceutical companies. Two of these cases were selected as national models for IP protection, further showcasing the city's leadership in this area.

In addition, Shanghai has explored new ways to protect IP during the drug procurement process. In 2022, the city successfully concluded China's first major drug procurement patent infringement case after Boehringer Ingelheim decided to use Shanghai as a venue for pre-trial proceedings. This landmark case led to the development of a cooperative mechanism with health authorities to ensure that infringing drugs were promptly removed from the procurement platform. Shanghai has also issued guidelines to strengthen IP protection in pharmaceutical procurement, creating a robust framework to protect patented drugs throughout the supply chain.

To further enhance IP protection, Shanghai has established streamlined services to support the rapid protection of patent rights. Through the IP protection center in the Pudong New Area, biopharmaceutical companies have access to a one-stop service for expedited pre-examination, certification, and enforcement. Additionally, efforts are being made to improve the system for resolving IP infringement disputes, including the formation of a technical consulting expert pool to support administrative decisions in complex patent disputes.

By taking these proactive steps, Shanghai continues to strengthen its position as a leader in IP protection for the biopharmaceutical industry, reassuring foreign investors and encouraging further development in the sector.

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