Journal Article

Clinical trial not a patent infringement, having an ‘indirect’ business purpose

Huaiwen He

in Journal of Intellectual Property Law & Practice

Volume 3, issue 8, pages 490-491
Published in print August 2008 | ISSN: 1747-1532
Published online June 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn108
Clinical trial not a patent infringement, having an ‘indirect’ business purpose

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On August 20, 2007, the Beijing No. 2 Intermediate People's Court rendered five similar first-instance rulings in Eli Lilly and Company and Ganli Drug Industry Co., Ltd, following its early opinion 2006 in Sankyo Co., Ltd & Shanghai Sankyo Pharmaceutical Co., Ltd v the Beijing Wansheng Drug Industry Co., Ltd, according to which, where a patent is used with the intention to perform a clinical trial and apply for approval of production, such use is not directly for ‘the purposes of production or business’ under the Chinese Patent Law, and does not thus constitute infringement.

Journal Article.  1486 words. 

Subjects: Arbitration ; Intellectual Property Law

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