China, the TRIPS Waiver and the Global Pandemic Response

INTELLECTUAL PROPERTY, COVID-19, AND THE NEXT PANDEMIC: DIAGNOSING PROBLEMS, DEVELOPING CURES, Madhavi Sunder and Sun Haochen, eds., 2022, Forthcoming

Texas A&M University School of Law Legal Studies Research Paper No. 21-52

13 Pages Posted: 1 Dec 2021

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: December 1, 2021

Abstract

In October 2020, India and South Africa submitted an unprecedented proposal to the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization. The proposal was subsequently revised in May 2021. Although China is neither a proponent nor cosponsor of this proposal, it has provided considerable support to the ongoing effort to adopt a COVID-19 TRIPS waiver at the WTO.

To document China's role in the global pandemic response, this chapter closely examines its position in the waiver debate. It begins by discussing how the country's changing pharmaceutical landscape and growing ambition to become an intellectual property power have paved the way for its middle-of-the-road position. The chapter then identifies two additional, complementary reasons behind this position: international politics and pandemic diplomacy. Drawing lessons from the ongoing debate at the WTO, the chapter concludes by offering insights into the roles China can or will play in future international policy debates at the intersection of intellectual property and public health.

Suggested Citation

Yu, Peter K., China, the TRIPS Waiver and the Global Pandemic Response (December 1, 2021). INTELLECTUAL PROPERTY, COVID-19, AND THE NEXT PANDEMIC: DIAGNOSING PROBLEMS, DEVELOPING CURES, Madhavi Sunder and Sun Haochen, eds., 2022, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 21-52, Available at SSRN: https://ssrn.com/abstract=3975151

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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