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Intellectual Property Protection and Enforcement for Pharmaceuticals in China: Status and Trends

Li M, Yu X.

RDD Europe 2015. Volume 1, 2015: 75-94.

Abstract:

Protection of intellectual property (IP) in China began in the early 1980s. Over the past 30 years, China has launched a number of laws and regulations to protect intellectual property rights (IPR), and the nation remains active in international agreements and conventions regarding IPR protection. To help readers better understand China’s IP legal system, we reviewed five high-profile IP litigation cases in the pharmaceutical field to illustrate how the nation’s IP statutes and regulations were interpreted by Chinese courts to protect IPR. The present IP system is not robust, and a transition is required before China establishes a strong and fair IP regime; the process is compli- cated and full of tough challenges. In the last part of this paper, we identify some of the challenges and point out the needs and future trends for IPR protection in China.