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药价谈判将成为进入医保的重要手段

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  • Time of issue:2017-05-27 14:20
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(Summary description)在此之前,有一些业界声音认为国家药价谈判对于药企的声誉影响远大于对其实质业绩的影响,但是根据最新获得的消息来看,今后药价谈判或将会成为进入医保目录的重要手段。早进入医药将获得政府的各种政策支持,而那些死扛着不降价的产品,或许会面临很多相关政策限制,尤其是那些原研但已经超出专利保护期的产品,国家也许会通过鼓励抢仿的形式予以遏制。  通知称,根据国家卫计委等7部委《关于做好药价谈判药品采购的通知》和《

药价谈判将成为进入医保的重要手段

(Summary description)在此之前,有一些业界声音认为国家药价谈判对于药企的声誉影响远大于对其实质业绩的影响,但是根据最新获得的消息来看,今后药价谈判或将会成为进入医保目录的重要手段。早进入医药将获得政府的各种政策支持,而那些死扛着不降价的产品,或许会面临很多相关政策限制,尤其是那些原研但已经超出专利保护期的产品,国家也许会通过鼓励抢仿的形式予以遏制。  通知称,根据国家卫计委等7部委《关于做好药价谈判药品采购的通知》和《

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2017-05-27 14:20
  • Views:
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  在此之前,有一些业界声音认为国家药价谈判对于药企的声誉影响远大于对其实质业绩的影响,但是根据最新获得的消息来看,今后药价谈判或将会成为进入医保目录的重要手段。早进入医药将获得政府的各种政策支持,而那些死扛着不降价的产品,或许会面临很多相关政策限制,尤其是那些原研但已经超出专利保护期的产品,国家也许会通过鼓励抢仿的形式予以遏制。

  通知称,根据国家卫计委等7部委《关于做好药价谈判药品采购的通知》和《重庆市卫生和计划生育委员会办公厅关于做好国家药品价格谈判集中采购工作的通知》,经研究,重庆各区县(自治县)卫生计生委、两江新区社发局、万盛经开区卫生计生局,各委属医疗机构,大型企事业单位职工医院使用的国家药价谈判药品将不纳入药占比统计。

  在具体操作上,通知显示,第一,国家谈判药品品种和不纳入统计和考核的时间段。国家首批公布的谈判药品包括富马酸替诺福韦二吡呋酯(300mg*30片/瓶)、盐酸埃克替尼(125mg*21片/盒)、盐酸吉非替尼(250mg*10片/盒)3个药品(谈判结果详见附件),采购周期为2016年—2017年。在采购周期内,是卫计委对国家谈判药品暂施行单独核算,各医疗机构统计、填报占比指标时不计算此3个药品。

  在医改推进中,在国家层面每年都会提出一些医改的目标,其中对于2017年最重要的一个指标是:按照国务院办公厅发布的《关于城市公立医院综合改革试点的指导意见》提出的力争到2017年试点城市公立医院药占比(不含中药饮片)总体降到30%左右。而另一个目标是2017年城市公立医院综合试点改革全面推开,这意味着全国所有的公立医院都需要在尽量短的时间内就将药占比降至30%以下。

  而这项目标对于药企来说意味着市场将大范围的被压缩,但这次重庆的这一政策,即不将国家药价谈判药品纳入药占比统计的这一政策,这无疑是在关上门后又打开了一扇窗,让那些进入药价谈判的品种能够全力释放销售。

  在去年首批药价谈判目录里,包括有治疗乙型肝炎的替诺福韦酯和用于治疗非小细胞肺癌的埃克替尼、吉非替尼,在当时看来,这对于涉及企业是一次以价换量的赌博,在与医保的对接还不甚明朗的情况下。

  紧随其后,即在去年年底,在全国34个省份中,仅有14个省份将国家药价谈判药品纳入各类医保报销范围,并且这14个省份中又仅有新疆将其整体纳入城乡医保,其他省份仅仅纳入新农合或大病保险。在种种现状层叠之下,业内人士对于药价谈判变的嗤之以鼻,均认为其落地困难,甚至有人在等着看这些企业的笑话。

  不过,这两项通知出来后,之前的种种质疑将消失踪迹,因为从国家层面来看,其对于药价谈判机制的支持已经毋庸置疑。此外,上述首批国家药价谈判产品也在今年年初也都进入了医保目录,这种支持为这些产品为以价换量企业提供了迅速增长的有力保障。

  而重庆作为近些年来医改的闯将,率先以优惠政策的形式支持药价谈判,这让国家药价谈判产品能够长驱直入而不受限制的在重庆销售,势必会迎来产品爆发式增长。而对于同类竞品而言这无疑是一个重大的打击,比如说刚刚获批的齐鲁的首仿药吉非替尼,其在重庆市场销售很可能就因为该政策被排除在市场之外,因为不纳入药占比的就是这三种药品,而非是通用名。该消息意味着,其他相关企业的产品的销售路将变的更加艰辛。

  此外,重庆卫计委还埋有一个伏笔:要加强政策宣传引导。其内容是,国家首批公布的3个谈判药品结果在原价格基础上均大幅下降,且全部与医保报销相衔接,显著减轻了患者医药费用负担,是医改医改惠民措施之一。各区县、各医疗机构要加强宣传和引导,畅通国家谈判药品采购和使用渠道。据消息人士透露,政府药价谈判对象中,很多是市场急需,但厂家不愿意降价,本土又短时间内无法仿制出的药。这项策略的实施,不仅会减轻患者的负担,也让药企能够获得足够实惠。因此,从国家层面上,药价谈判这项工作不仅要大力推行,且要让进入药价谈判的企业有利可图,所以后续政府仍将提供各种有利的保障使得该政策得以落地。

  人社部在4月14日公布的2017版医保目谈判药品目录入围名单,此次有44个品种进入。从这里看,国家对于药价谈判的支持态度已经十分明显,进入目录就意味着能够实实在在的获得市场,想必重庆卫计委的医改路也将被其他诸多地方效仿。

  相信在未来的若干年内,对于仿制药业来说,“抢仿”将是最有效的占领市场的途径!

  新闻来源:http://www.y-lp.cn/pages/Article.aspx?id=5739735075886689644

  本新闻经华讯团队重新编辑整理并添加分析意见。

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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