· Fully implementing the Drug Approval-Patent Linkage System by March 15, 2015.
Under KORUS FTA, the Korean Food and Drug Administration (KFDA) currently
administers the listing of patents covering KFDA approved drugs called the Green List
(equivalent to the Orange Book published by the US FDA). Starting from March 2015, the
Drug Approval Patent-Linkage System will be enforced, and accordingly registration to the
Green List will be revised.
Marketing approval holder (under the patentee or licensee’s permission) of a commercial
pharmaceutical product (drug) is eligible to list patents in the Green list, and to do so must
submit an application within 30 days of the patent registration date or the product approval
date. Under the new system the KFDA will have authority to change and delist the listed
patent information failing to meet the following listing requirements:
1. Directed to a pharmaceutical substance, formulation, composition, or medicinal use.
2. Directly relevant to the approved product (main ingredient and its specifications,
drug substance and its amount, formulation, efficacy, effectiveness, administration
method and dosage).
3. Filed before the marketing approval date of the relevant drug with remaining patent
period and be effective, to offer protection only to those patents that have actually
contributed to the development of the listed drugs.
As of October 20, 2014, a total of 1572 products
· Fully implementing the Drug Approval-Patent Linkage System by March 15, 2015.
Under KORUS FTA, the Korean Food and Drug Administration (KFDA) currently
administers the listing of patents covering KFDA approved drugs called the Green List
(equivalent to the Orange Book published by the US FDA). Starting from March 2015, the
Drug Approval Patent-Linkage System will be enforced, and accordingly registration to the
Green List will be revised.
Marketing approval holder (under the patentee or licensee’s permission) of a commercial
pharmaceutical product (drug) is eligible to list patents in the Green list, and to do so must
submit an application within 30 days of the patent registration date or the product approval
date. Under the new system the KFDA will have authority to change and delist the listed
patent information failing to meet the following listing requirements:
1. Directed to a pharmaceutical substance, formulation, composition, or medicinal use.
2. Directly relevant to the approved product (main ingredient and its specifications,
drug substance and its amount, formulation, efficacy, effectiveness, administration
method and dosage).
3. Filed before the marketing approval date of the relevant drug with remaining patent
period and be effective, to offer protection only to those patents that have actually
contributed to the development of the listed drugs.
As of October 20, 2014, a total of 1572 products
翻訳されて、しばらくお待ちください..
