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  

Yuan Qiong Hu

University of London-School of Oriental and African Studies(SOAS), School of Law

Date Written: March 1, 2016

Abstract

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

Suggested Citation

Hu, Yuan Qiong, Resistance and Consistent: Access to Medicines and Patent Law Reform in India and China (March 1, 2016). SOAS School of Law Working Paper Series, No. 3 (2016). Available at SSRN: https://ssrn.com/abstract=2857663 or http://dx.doi.org/10.2139/ssrn.2857663

Yuan Qiong Hu (Contact Author)

University of London-School of Oriental and African Studies(SOAS), School of Law ( email )

Thornhaugh Street
Russell Square: College Buildings 541
London, WC1H 0XG
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
16
Abstract Views
374
PlumX