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Three Major Problems Threatening Multi-National Pharmaceutical Companies Doing Business in China

Columbia Science and Technology Law Review (2018, Forthcoming)

Ohio State Public Law Working Paper No. 407

24 Pages Posted: 2 Sep 2017  

Daniel C. K. Chow

Ohio State University College of Law

Date Written: August 30, 2017

Abstract

Multinational Companies (MNCs) in the pharmaceutical industry today face formidable challenges in China, the world’s second largest pharmaceutical market after the U.S. Not only is China the world’s largest source of counterfeit and substandard drugs, Chinese authorities have also recently targeted MNCs as part of a crackdown on bribery and competition law violations. In addition, China has a number of technology transfer laws that seem designed to force MNCs to provide uncompensated access to their proprietary technology protected by patents and trade secrets. All of these problems can be traceable to China’s rising nationalism and protectionism in its dealings with foreign companies and nations in international business and trade. These are daunting problems but while MNCs focus their efforts on short-term technical solutions, only a long-term approach focusing on legal and political reform can provide a lasting solution.

JEL Classification: K14, K19, K2, K20, K33, K42

Suggested Citation

Chow, Daniel C. K., Three Major Problems Threatening Multi-National Pharmaceutical Companies Doing Business in China (August 30, 2017). Columbia Science and Technology Law Review (2018, Forthcoming); Ohio State Public Law Working Paper No. 407. Available at SSRN: https://ssrn.com/abstract=3029347

Daniel Chee King Chow (Contact Author)

Ohio State University College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614 292-0948 (Phone)
614 292-3202 (Fax)

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