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Aaron Wininger
Director of China Intellectual Property Practice
Schwegman Lundberg & Woessner
Aaron Wininger is a Senior Attorney and Director of China Intellectual Property Practice of Schwegman Lundberg & Woessner. Aaron counsels both U.S. and Chinese companies on patent and trademark portfolio development, non-infringement and invalidity opinions, and cross-border enforcement of intellectual property rights. He has worked with clients in the areas of software, networks, lasers, medical devices, semiconductors and physics. His knowledge of both the Chinese and American markets allows him to advise his clients as they expand and enforce their intellectual property portfolios. He frequently publishes articles on his blog, China IP Law Update.
Aaron was named a National Law Review Go-To Thought Leader in the area of Intellectual Property Law by the National Law Review (2020) (the National Law Review is operated by the National Law Forum, LLC).
Aaron has worked in China for more than a decade and is conversational in Mandarin.
Recent Articles by Aaron Wininger
In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the Patent Law of the People’s Republic of China (2020)). The Chinese patent linkage system prevents marketing approval of generic drugs until after the expiration of patents covering the drugs or uses. Specifically, the Center for Drug Evaluation (CDE) of the National Medical Products Administration (NMPA) has set up a registration system to register patents covering: chemical drugs and uses; traditional Chinese medicines (TCM) and uses; and biologics: Active Pharmaceutical Ingredients (API) sequence structure and medical use. The registration system started public testing in May and is now live.