From Struggle to Surge: China's TRIPS Experience and Its Lessons for Access to Medicines

Document Type

Book Section

Publication Date

7-2021

ISBN

9780367436384

DOI

10.4324/9781003176602

Abstract

This chapter therefore aims to document the country's journey from its struggle with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement to its recent surge in the global pharmaceutical arena. It begins by recounting China's initial reluctance to introduce high and externally driven intellectual property standards, including the TRIPS standards that were introduced before and shortly after the country's accession to the world trade organization. In August 2000, China amended its patent law for the second time. In January 1992, China signed the memorandum of understanding on the protection of intellectual property with the United States, in large part to avert an impending trade war. Consistent with the TRIPS agreement, the law prohibited “offers for sale” of infringing products, tightened the standards for obtaining compulsory licenses, and allowed for the judicial review of patent invalidations. Although policy makers and commentators have widely criticized the TRIPS Agreement for fostering global inequality, the Agreement has also fostered national and sub-national inequalities.

First Page

172

Last Page

188

Num Pages

17

Series

Law, Development and Globalization

Publisher

Routledge

Editor

Srividhya Ragavan & Amaka Vanni

Book Title

Intellectual Property Law and Access to Medicines: TRIPS Agreement, Health, and Pharmaceuticals

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