China Reviews Its Intellectual Property Laws for Compulsory Licensing Of Pharmaceutical Products

China Reviews Its Intellectual Property Laws for Compulsory Licensing Of Pharmac

As per recent reports, it has been revealed that a Reuters report has raised concerns in China regarding compulsory licensing of pharmaceutical products.

The report subjected that China is following India, which recently allowed Bayer to permit a generic version of its cancer drug Nexovar and also that Gilead's anti-AIDS drug tenofovir may be the first in the firing line in China.

The report suggests that China has reviewed few of its intellectual property laws, so as to allow its drugmakers to manufacture cheap quality of medicines, which are a copy of the original medicines, and which will still be included under patent protection so as to surprise foreign pharmaceutical companies.

It has been revealed that the reviewed law has allowed Beijing to issue compulsory licenses to drugmakers to manufacture generic versions of the patented drugs. However, the capitol administration is allowed to permit the company only under certain circumstances, which include state emergencies, unusual circumstances, or in the interests of the public.

China's State Intellectual Property Office said, “The revised version of Measures for the Compulsory Licensing for Patent Implementation came into effect from May 1, 2012”.

Moreover, it has been recovered that in case of public health concerns, these medicines can even be exported to other countries, including members of the World Trade Organization (WTO).


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