The Impact of Higher Standards in Patent Protection for Pharmaceutical Industries under the TRIPS Agreement: A Comparative Study of China and India
AbstractA comparative study is undertaken that explores Chinese and Indian pharmaceutical industries under different patent regimes. It is found that relative to India, which had implemented process patent until 2005, China with a product patent regime since 1993 suffers from both lower drug accessibility and availability (the latter is a missing parameter in the literature). Also, China lags behind in both lower R&D investment and patents filed by Chinese nationals. Based on these findings and associated legal interpretation, we conclude that higher patent protection in China generates negative impacts on the pharmaceutical industries. Thus, governments should utilize TRIPS flexibilities and other regimes like price control to offset the anticompetitive effect in designing patent policies.
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Bibliographic InfoPaper provided by World Institute for Development Economic Research (UNU-WIDER) in its series Working Papers with number RP2008/36.
Length: 16 pages
Date of creation: 2008
Date of revision:
product patent; process patent; TRIPS; pharmaceutical industries; China; India;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2008-09-29 (All new papers)
- NEP-CNA-2008-09-29 (China)
- NEP-CWA-2008-09-29 (Central & Western Asia)
- NEP-IND-2008-09-29 (Industrial Organization)
- NEP-INO-2008-09-29 (Innovation)
- NEP-IPR-2008-09-29 (Intellectual Property Rights)
- NEP-REG-2008-09-29 (Regulation)
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