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Contribution to Book
From Struggle to Surge: China's TRIPS Experience and Its Lessons for Access to Medicines
Faculty Scholarship
  • Peter K. Yu, Texas A&M University School of Law
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.

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
Citation Information
Peter K. Yu. "From Struggle to Surge: China's TRIPS Experience and Its Lessons for Access to Medicines" (2021) p. 172 - 188
Available at: http://works.bepress.com/peter_yu/335/