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Journal of Intellectual Property Law & Practice Advance Access originally published online on June 9, 2008
Journal of Intellectual Property Law & Practice 2008 3(8):490-491; doi:10.1093/jiplp/jpn108
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Clinical trial not a patent infringement, having an ‘indirect’ business purpose

Huaiwen He
PhD Candidate, Law School of Peking University

Sankyo Co., Ltd & Shanghai Sankyo Pharmaceutical Co., Ltd v Beijing Wansheng Drug Industry Co., Ltd (2006) Erzhongminchuzi No.: 04134; Eli Lilly Company v Ganli Drug Industry Co., Ltd (2007) Erzhongminchuzi No.: 13419–13423, Beijing No. 2 Intermediate People's Court

On August 20, 2007, the Beijing No. 2 Intermediate People's Court rendered five similar first-instance rulings in Eli Lilly and Company and Ganli Drug Industry Co., Ltd, following its early opinion 2006 in Sankyo Co., Ltd & Shanghai Sankyo Pharmaceutical Co., Ltd v the Beijing Wansheng Drug Industry Co., Ltd, according to which, where a patent is used with the intention to perform a clinical trial and apply for approval of production, such use is not directly for ‘the purposes of production or business’ under the Chinese Patent Law, and does not thus constitute infringement.

Correspondence: Email: pkuhhw{at}gmail.com


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