Enforcement of patent right depends on the province and locality where the action is brought. Better results have been seen in Beijing. The Chinese patent law prevents competition from legitimate competitors an enforcement against legitimate competitors is possible. Also, there is provision for territorial; or global licensing. In line with the WTO, Patent term offered by Chinese patent office is 20 years from filing.
New data exclusivity legislation is in force. Pro-purports to protect the confidentiality of data submitted to the Israeli Ministry of Health in support of efforts to receive marketing authorization. Party seeking marketing approval of generic drug in Israel will not be able to rely on confidential data submitted in support of the marketing approval of the innovative pharmaceutical until the earlier of five years from the first data on which the innovative drug was first registered in Israel or six months from the date of registration in a recognized country.
Cons – data exclusivity is only for making use of the confidential data for the purpose of obtaining marketing approval of the generic drug in Israel. Law does not bar use of confidential information for developing and manufacturing a generic drug in Israel during the exclusivity period for export to other countries. Limitations on the ability of innovative drug company to bring an action on the ground of illegal use of its confidentiality data. The patentee is required to submit search results from corresponding applications.
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