Tag Archives: Patent Linkage

Patent Linkage and its Reform

The US has disseminated TRIPS-plus rules through FTAs. One of them is a so-called drug approval and patent linkage system. South Korea imported the linkage system in 2012, and the Korean model was fully implemented from March 15, 2015. After four-year experience, the Korean government, specifically the Ministry of Food and Drug Safety, tries to revise the linkage system. Still we don’t …

US Ambassador confirmed patent linkage under FTA includes biologics

One of the controversies in implementing the KorUS FTA is whether biological products are subject to the patent linkage obligation of the KorUS FTA. The debate was provoked by the Korean government’s proposal which applies the patent linkage to biologics. But it is unclear if the FTA text imposes such an obligation.  Chapter 18 (IPRs) has no definition …