Drug Patent Link System in CPTPP and Chinas Response

Abstract

With the reform of the international intellectual property system, the intellectual property rules in regional trade agreements are gradually leading the development of the international intellectual property system. On September 16, 2021, China formally applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP intellectual property rules will have a profound impact on China's intellectual property legal system. CPTPP stipulates the drug patent link system, and China is also trying to build a drug patent link system. In order to integrate with CPTPP intellectual property rules and build a drug patent link system in line with China's national conditions, it is suggested to further clarify the patent availability standards of pharmaceutical inventions, simplify the drug marketing approval procedures and improve the patent invalidation procedures.