The State Council’s major documents may affect all pharmaceutical companies
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Last Update: 2021-02-10
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Source: Internet
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Author: User
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, the General Office of the CPC Central Committee and the General Office of the State Council issued the Action Plan for Building a High Standard Market System.Starting from the links and areas that restrict the development of the market system most prominently, the most urgent response of the masses, the most concern of all sectors of society, and the weakest aspects and areas of market supervision, the Action Plan for the first time puts forward "through the efforts of about 5 years, the basic construction of a unified and open, orderly competition, complete system and perfect governance of the high-standard market system", around the basic system, factor market, environmental quality, market opening, market supervision and other five aspects put forward 51 specific measures to promote action to land and achieve results.Among them, a number of content related to the pharmaceutical industry, specifically as follows:protection of intellectual property rights. We will promote the implementation of the provisions on certain issues of the applicable law in civil cases involving infringement of trade secrets, and issue provisions on the application of the law in civil cases involving the examination and approval of patents for drug listing. To study and formulate rules for the protection of intellectual property rights in the field of drug patent protection and cross-border e-commerce, and to prepare and publish guidelines for the protection of intellectual property rights of enterprises and national guidelines for the protection of intellectual property rights.Strengthen and improve anti-monopoly and anti-unfair competition enforcement. We firmly oppose monopoly and unfair competition. To formulate anti-monopoly guidelines in special fields such as raw materials and pharmaceuticals, to apply the exemption system, and to issue guidelines for the implementation of anti-monopoly compliance outside the country. We will promote the improvement of legal norms in the areas of monopoly identification, data collection and use management, and protection of consumer rights and interests. Strengthen anti-monopoly and anti-unfair competition regulations in new industries such as platform economy and sharing economy. We will improve the list system of fees and charges of enterprises and severely investigate and punish the illegal charging behavior of enterprises involved.We will vigorously promote the supervision of credit classification. We will promote the in-depth implementation of credit classification supervision in more key areas such as tax administration, import and export, ecological environmental protection, medical security, and pharmaceutical recruitment, and adopt differentiated regulatory measures according to the credit status of the subjects under supervision, so as to provide more accurate and convenient services to market subjects.Guide the healthy development of platform enterprises. Support the innovation and development of platform enterprises and enhance international competitiveness. Implementation of education, medical, express logistics and other network infrastructure transformation and upgrading projects, to promote Internet medical, online education, third-party logistics, instant delivery, online office, online work and other new service platform development, effectively play the platform enterprises in the element configuration of the optimization and integration role. Smooth market data flow, integrate online and offline payment transaction data, promote cross-sectoral sharing. Standardize the development of the platform economy in accordance with the law and strengthen the supervision of the platform enterprises.We will expand the opening up of the social service market in an orderly manner. Focus on medical care, education, sports, child care, environmental protection, municipal and other fields, reduce market access restrictions, remove unreasonable restrictions on for-profit medical care, education and other institutions in the processing of certification, equipment acquisition and so on. We will improve the way medical institutions are planned, implement guiding plans for social-run medical institutions, and strengthen services for social capital investment in medical institutions.From the above points of view, including strengthening drug patent protection, strengthening anti-monopoly of raw materials, pharmaceutical recruitment and implementation of credit supervision, and promote the development of Internet medical care are very important measures to promote the development of the pharmaceutical industry.As we all know, there can be no pharmaceutical innovation without intellectual property protection, and the protection of intellectual property rights in China plays a very important role in encouraging pharmaceutical innovation. The fourth amendment to the Patent Law was passed in October 2020 and will come into effect on June 1, 2021.It is reported that the new Patent Law in the protection of intellectual property rights of innovative drugs, increased the early settlement mechanism of drug patent disputes, and for the first time at the legislative level put forward a new drug patent term compensation system. This time, the state re-issued a paper focusing on the protection of drug patents, I believe that the future system and mechanism for drug patent protection will be constantly improved to further promote the development of china's new drug research and development innovation.The monopoly of API is also a key action of the state market regulatory authorities in recent years. In recent years, the price of preparations has soared, gone out of stock and been out of stock due to the monopoly of the price of raw materials. Many provinces have issued notices of shortages of medicines due to rising prices for raw materials, which have prevented supplies from being guaranteed. Under severe investigation and punishment, the State Administration of Markets has issued huge fines to a number of pharmaceutical companies suspected of monopolizing raw materials.In addition, the policy level of anti-monopoly of API has also been continuously improved. Following the 2017 National Development and Reform Commission's Guidelines on Price Behavior of Operators of Shortage drugs and API, on October 13, 2020, the State Administration of Market Supervision and Administration issued the Antimonopoly Guidelines (Draft for Comments) on THE FIELD. The Guide defines and stipulates monopoly violations in the field of API in great detail, with the aim of promoting the healthy development of the API industry, maintaining the order of market competition in the API field, protecting the interests of consumers and the public interest, and preventing and suppressing monopoly in the field of API.With the introduction of the Action Plan for Building a High Standard Market System, the pharmaceutical industry, which is the core driving force of innovation, will also usher in a new stage of development by promoting the healthy development of the capital market and developing the market for knowledge, technology and data factors. (Cypress Blue)
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