Resistance and Consistent: Access to Medicines and Patent Law Reform in India and China
SOAS School of Law Working Paper Series, No. 3 (2016)
16 Pages Posted: 23 May 2018
Date Written: March 1, 2016
The paper starts with reviewing the debates on patent in access to medicines in the context of globalization of TRIPS regime. It then looks at the issue of resistance related to patent theories, mechanism and the linkage with social movement during law reform processes. Accordingly, the 2005 revision of Patent Act in India and the 2008 revision of Patent Law in China are chosen as the backdrops for comparison. The choice of patentability doctrine and the exceptional clauses to promote research use would be the major aspects of comparison, both having been influenced by civil society actions at different degrees in both countries. The paper intends to draw the conclusions that while strong technocratic influences remain, both countries’ law makers have started walking out of the closed discourse of patent law reform via interacting with societal concerns in the context of improving access to medicines.
Keywords: Patent law, access to medicines, TRIPS, India, China
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