Pharmaceutical Administrative Protection Act Sample Clauses

Pharmaceutical Administrative Protection Act. The Pharmaceuticals Administrative Protection Act was enacted in 1993 to address the needs of foreign pharmaceutical companies whose medicines had been released before China's Patent Law was first revised, and that were thus ineligible to apply for patent protection under Chinese law, or who wanted monopoly status immediately before the probably lengthy patent review process could be concluded. The Act thus grants a type of substitute patent protection for medicines that are not, or are not yet, patented in China. A foreign pharmaceutical company must register with the State Pharmaceutical Administration of China ("SPAC"). The applicant, according to the law, must hire as its agent the Hua Ke Medical and Pharmaceutical Intellectual Property Consulting Center to submit the application to the SPAC for protection. (The Act, Articles 6 and7.) Protection is granted upon issuance of a Certificate of Administrative Protection, which will then also be published. The certificate grants a monopoly status for seven and one half years. (The Act, Article 13.) In order to qualify for the certificate, the pharmaceutical product must satisfy several conditions:
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Related to Pharmaceutical Administrative Protection Act

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