Legal basis: Article 39 of the Arbitration Law of People's Republic of China (PRC). Arbitration shall be conducted in court. If the parties agree not to hold a hearing, the arbitration tribunal may make an award based on the arbitration application, defense and other materials.
Article 76 of the Patent Law of People's Republic of China (PRC): In the process of drug listing review and approval, if there is a dispute between the applicant for drug listing license and the relevant patentee or interested party about the patent right related to the drug applied for registration, the relevant party may bring a lawsuit to the people's court, requesting to judge whether the drug-related technical scheme applied for registration belongs to the scope of drug patent protection of others. The drug supervision and administration department of the State Council may, according to the effective judgment of the people's court, make a decision on whether to suspend the approval of the listing of related drugs within the prescribed time limit. The applicant for drug marketing license and the relevant patentee or interested party may also request the patent administrative department of the State Council to make an administrative ruling on the patent dispute related to the drug applied for registration. The drug supervision and administration department of the State Council shall, jointly with the patent administration department of the State Council, formulate specific linking measures to solve the patent disputes between the approval stage of drug marketing license and the application stage of drug marketing license, and report them to the State Council for approval before implementation.