In Life Science Leader Article, David Vondle Discusses IP and Chinese Pharma Innovation

January 4, 2021

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Life Science Leader has published the article “China’s Proposed IP Law Changes May Drive Pharma Innovation,” written by Akin Gump intellectual property partner David Vondle. The article looks at the growing number of opportunities for IP-based transactions in the Chinese pharmaceutical industry.

Vondle first notes that, in connection with the “Phase One” trade deal signed by the United States and China nearly one year ago, Beijing “is currently considering changes to its IP laws and system in order to strengthen and support the domestic pharmaceutical industry.” In fact, Vondle writes, many IP laws “have recently been amended or are in the process of being amended, and it is widely accepted that the pharmaceutical industry will be a beneficiary.”

The article goes on to compare the Hatch-Waxman Act, which created the framework for today’s regulatory and IP framework for the pharmaceutical industry in the United States, with proposed amendments to China’s patent laws.

On balance, Vondle concludes, China’s current proposals should be favorable for IP owners, especially patent owners. In addition to creating an environment for innovation in the pharmaceutical industry, he says, the proposals “can lead to an effective and robust system that favors both pharmaceutical and generic drug companies in China’s growing pharmaceutical industry and may provide attractive targets for larger pharmaceutical companies or investors in China.”

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