To better understand the Reference, the relevant provisions of the Reference are hereby interpreted as follows:

1. On the subject qualification materials to be provided by the Patent Licensee

Article 2 of the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in cases involving the Review of act Preservation in Intellectual Property Disputes stipulates that where the licensee under an intellectual property licensing contract applies for the issuance of an order to stop the infringement of intellectual property before litigation, the licensee under an exclusive licensing contract may separately file an application with the people's court; the licensee under a sole licensing contract may separately file an application if the rights holder does not file any application; the licensee under a general licensing contract may separately file an application in his or her own name upon specific authorization by the right holder. With reference to the above provisions, in the civil cases involving patent disputes related to drugs of which applications for registration are filed where the patent licensee files a lawsuit, the said party shall provide the subject qualification materials in accordance with the above provisions.

2. On the defendant

Considering the common characteristics between the civil cases involving patent disputes related to drugs of which applications for registration are filed and the case concerning confirmation of non-infringement of intellectual property rights, and under the principle established in the judicial precedents, the patentee shall be listed as the defendant where the applicant for the marketing of a drug files a lawsuit as the plaintiff, in the civil cases involving patent disputes related to drugs of which applications for registration are filed.

3. On the notarization and authentication documents of subject qualification involving entity of a foreign state or the Hong Kong and Macao Special Administrative Region, or the Taiwan region.

In accordance with the Answers to the Questions on the Application of Law in Administrative Trials (III) issued by the Beijing High People's Court, where law firms or relevant agencies represent foreign natural or legal persons in administrative litigations, if the said agent may, within the limitation of action, provide the court with an indictment and fax or e-mail of the power of attorney signed by the client, and provide notarized and authenticated power of attorney to the court within three months after the litigation, the limitation of action may not be deemed as exceeded. Considering the case involving patent disputes related to drugs of which applications for registration are filed belongs to a civil case, the above provisions are not applicable. Thus, where the plaintiff is an entity of a foreign state or the Hong Kong and Macao Special Administrative Region, or the Taiwan region, it shall provide the required notarization and authentication documents in their entirety upon filing a lawsuit.

From Beijing Intellectual Property Court

 January 4th, 2022