1 SEPARATE CERTIFICATION SYSTEM
The PRC has established a separate certification system which
gives "pipeline" protection for relevant pharmaceutical and
agrochemical products of certain foreign proprietors (currently
those from the US, Japan, Switzerland and countries in the
European Community).
2 ELIGIBILITY AND SCOPE OF PROTECTION
2.1 To qualify for administrative protection, the relevant
products must:
2.1.1 have been ineligible for protection under the PRC Patent
Law prior to 1 January 1993; and
2.1.2 have been patented in the applicant's country of origin
between January 1986 and January 1993; and
2.1.3 not have been publicly available in the PRC market
before January 1993.
2.2 The term of protection is seven and a half (7.5) years from the
date of issue of the certificate, subject to payment of an
annual fee.
2.3 The certificate owner has the exclusive right to authorize
others to manufacture or sell the products in the PRC.
2.4 The certificate owner must apply separately to the relevant
administrative authority to obtain permission to manufacture or
sell the products in the PRC; otherwise administrative
protection may be terminated early.
1 May 1996
LINKLATERS & PAINES, HONG KONG OFFICE - Contact Partner Tom Hope
Internet address - thope@landp.com
Tel - 852 28424888
Fax - 852 28108133
FURTHER INFORMATION on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
