ARTICLE
1 May 1996

Intellectual Property - What IPRs are Protected in China? - Pharmaceuticals/Agro

L
Linklaters

Contributor

Hong Kong Information Technology and Telecoms
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

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