중국 특허법 개정과 허가특허연계제도의 도입이 제약산업에 미치는 영향

Has China introduced a patent-approval linkage system? Opinions differ on this. If the patent-approval linkage system is defined as checking the existence of a patent right when a drug product is approved, it can be said that China has already introduced this system. However, there is no real patent-approval linkage system that connects patent rights in the drug registration process, such as preparation and publication of patent list, notification system to patent holders and measures to ban sales. However, recently, through the amendment of the 4th Patent Law, China has newly established a provision on the extension of the duration of patent rights, and has prepared a mechanism for early resolution of drug patent disputes. In the end, it can be said that the true meaning of the patent-approval linkage system was started through the 4th amendment of the Chinese Patent Law. The full-scale introduction of China's patent-approval linkage system will have a significant impact on Korean companies. In this paper, we tried to analyze the impact of the revision of the Chinese Patent Law and the introduction of the patent-approval linkage system on the pharmaceutical industry and draw implications for us.