--- SEARCH ---
WEATHER
CHINA
INTERNATIONAL
BUSINESS
CULTURE
GOVERNMENT
SCI-TECH
ENVIRONMENT
SPORTS
LIFE
PEOPLE
TRAVEL
WEEKLY REVIEW
Learning Chinese
Learn to Cook Chinese Dishes
Exchange Rates
Hotel Service
China Calendar


Hot Links
China Development Gateway
Chinese Embassies


Viagra Patent Suit Opens

The latest legal battle over patent rights in China for the impotency drug Viagra began in a Beijing court Wednesday.

 

Drug maker Pfizer is suing the Patent Reexamination Board (PRB) of the State Intellectual Property Office for wrongfully invalidating its China patent for the use of sildenafil, the active ingredient in Viagra, a drug taken for male erectile dysfunction.

 

During the case's first hearing at Beijing No.1 Intermediate People's Court, Pfizer called for the withdrawal of the PRB's decision, which was passed in July 2004.

 

The defendant insisted its conclusion had been "right and legal with correct application of laws and regulations."

 

In the meantime, Pfizer's patent on Viagra remains valid and enforceable in China, pending a final court decision, whether from the current hearings or, if either side contests the intermediate court's verdict, from the Beijing Higher People's Court.

 

Pfizer filed a patent application in May 1994 for the use of sildenafil citrate in its products in China, which the State Intellectual Property Office granted after seven years of examination.

 

However, one individual whose identity was not reported and 12 domestic companies challenged the validity of the decision, and the PRB invalidated the patent on the grounds of insufficient disclosure of the claimed invention.

 

The board claimed the patent manual failed to provide convincing technical content, but Tai Hong, Pfizer's attorney, argued the patent directions were sufficient.

 

"The decision made by the PRB had errors in facts and (was an) erroneous application of the law," she said.

 

Tai said the decision by the PRB violated the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreements.

 

She also stated that since the attorney involved in the application for invalidity of the patent, Xu Guowen, was a retired official with the PRB, the decision procedure was inappropriate.

 

Jin Zejian, for the defendant, told the court the 2004 decision was a correct interpretation of Patent Law and relevant examination guidance.

 

"To invalidate a patent that does not accord with the Patent Law was also to execute the TRIPS agreement," he said.

 

As for Xu's qualifications, the defendant argued that there was no law or regulation prohibiting retired PRB staff from acting as patent attorneys.

 

The case has caused widespread concern over intellectual property rights (IPR) protection for overseas enterprises in China.

 

The American Chamber of Commerce-China said last July that the PRB's decision was a step backward for IPR protection.

 

However, Li Shunde, an IPR scholar from the Chinese Academy of Social Sciences was quoted by China Economic Times as saying that it was "legal."

 

(China Daily March 31, 2005)

ED Patients Get Easier Access to Viagra
Firms Improving IPR Strategy
IP Office Declares Viagra Patent Invalid
Warning Issued Over Fake Viagra
Print This Page
|
Email This Page
About Us SiteMap Feedback
Copyright © China Internet Information Center. All Rights Reserved
E-mail: webmaster@china.org.cn Tel: 86-10-68326688
主站蜘蛛池模板: 有没有毛片网站| 玩肥熟老妇BBW视频| 国产欧美日韩精品a在线观看| 99精品视频免费观看| 按摩xxxx全套| 久久天天躁狠狠躁夜夜中文字幕 | 国产一卡二卡四卡免费| 1000部夫妻午夜免费| 图片区另类小说| japanesehd熟女熟妇| 少妇饥渴XXHD麻豆XXHD骆驼| 久久99国产精品久久99| 日本边添边摸边做边爱边| 么公的好大好深视频好爽想要 | h在线免费视频| 国产美女被爆羞羞视频| a级片在线免费看| 女人张腿让男桶免费视频观看| 东北少妇不带套对白| 搞黄网站免费看| 久久91综合国产91久久精品| 日本国产中文字幕| 久久国产精品久久| 日韩不卡视频在线| 久久精品国产99国产精品澳门| 最近中文字幕高清免费大全8| 亚洲人成网男女大片在线播放| 欧美成人精品第一区二区三区| 亚洲欧美激情精品一区二区| 污污网站免费观看| 亚洲色偷偷色噜噜狠狠99网| 男人天堂网2017| 俄罗斯激情女同互慰在线| 真实的国产乱xxxx在线| 免费福利在线观看| 神宫寺奈绪jul055在线播放| 午夜三级国产精品理论三级| 99视频全部免费精品全部四虎| 国产欧美日韩另类一区乌克兰| 免费看黄的网页| 国产成人精品2021|