RECENT PATENT LIGITATION ON PHARMACEUTICALS IN GREAT CHINA

Following the similar fashion worldwide, management of patent infringement through strategy planning and litigation skills by lawyers and the balance the efficiency and quality of judgments in the courts are both greatly improved during these years in Taiwan. This article reviews the important litigations like Eli Lily’s Gemcitabine and Takeda’s Pioglitazone to provide guidance and lessons for biotechnology industry in great China to learn the skills for defending globalized companies. Although there are many factors which can be involved to affect the judgments in the courts, such as specific technology domains, complicated analysis of modern devices in suit, international trading relationship, political influence and media annoumcement, however, the facts and evidences, legal foundations and doctrines are the basics. Patent system to approve the patentability and award the exclusivity is a kind of support to pro the innovation. Enforcement of patent rights in the courts is also a legitimated means to protect the patent owner. Concepts like competition law and anti-monopoly are the new issues applied to challenge the patent system. However, we look forwards to the encouragement of innovation and fair trading to promote the social welfare. In addition, we pray for the justice and the perfection in our patent and legal system can be pursue through the cooperation globally.