In order to empower the enterprise to develop globally, better protect the innovation achievements and strengthen the global patent mapping, and provide the enterprise with overseas IP services, the seminars on IP laws and practices in biomedicine field were held in Beijing, Shanghai and Suzhou on November 13-15, 2019, hosted by Liu, Shen & Associates together with POLSINELLI law firm from Boston, and MAIWALD law firm from Munich.  More than 110 representatives from 90 enterprises attended the seminars.

In the first part of the seminar, keynote speeches were delivered about the topics of the IP management, contract negotiation and patent due diligence during the drug life cycle.

Firstly, Dr. Jenny Chen from POLSINELLI, focusing on the drug life cycle management, introduced the patent right duration under US patent system and the data protection duration under the drug registration system, and further discussed, taking small molecule medicines and biological products for example, how to maximize the overall exclusive right of the drug by adjusting the timing and strategies of patent prosecution and coordinating with the relevant drug registration procedures.

Then, Dr. Christian Pisani from MAIWALD, around the theme of contract negotiation in the field of drug, introduced the German legal system and standard terms of contract drafting, particularly about the precautions throughout the contract negotiation process from the signing of confidentiality agreement at the initial stage to the signing of final agreement.  Furthermore, he gave advices on the choice of jurisdiction and applied laws in the litigation and arbitration for contract dispute resolution.

Finally, Dr. Liu Guojun from Liu, Shen & Associates, focusing on the topic of patent due diligence in investment and financing of company, provided in-depth introduction about the significance, contents and procedures of due diligence in China.  He emphasized that, in addition to the basic legal status, ownership and contents of right, the verification of legal risks is the top priority of the entire project, in which the stability analysis and the infringement risk screening are the crucial points, and so professional team is essentially required to ensure the safe, orderly and smooth progress of the project.  

In the discussion that followed, the participants and the guest speakers exchanged views on the following topics: patent mapping strategies in the fields of small molecules, biomacromolecules and preparations; the impact of information disclosure of clinical drug registration on the subsequent applications and countermeasures; equivalent infringement in biological field; manners and skills of information disclosure adopted by the respondent in the due diligence; and design of clauses about IP ownership in contract negotiation.  The participants in the three meeting places interacted actively with enthusiasm and brought good results.

The successful holding of the seminar was greatly supported by the Administrative Commission of Zhongguancun Science Park, the Haidian District Intellectual Property Administration, the China Technology Exchange, and the Suzhou Industrial Park Biomedicine Alliance.  In the future, Liu Shen will continue to work hand in hand with enterprises to promote the progress of IP laws and practices.

Site of Beijing seminar on November 13

Site of Shanghai seminar on November 14

Site of Suzhou seminar on November 15

Questioning and interaction

Discussion during tea break