Skip to Content

UNU-WIDER Logo

30 Years of economics for development

The Impact of Higher Standards in Patent Protection for Pharmaceutical Industries under the TRIPS Agreement: A Comparative Study of China and India

A comparative study is undertaken that explores Chinese and Indian pharmaceutical industries under different patent regimes. It is found that relative to India, which had implemented process patent until 2005, China with a product patent regime since 1993 suffers from both lower drug accessibility and availability (the latter is a missing parameter in the literature). Also, China lags behind in both lower R&D investment and patents filed by Chinese nationals. Based on these findings and associated legal interpretation, we conclude that higher patent protection in China generates negative impacts on the pharmaceutical industries. Thus, governments should utilize TRIPS flexibilities and other regimes like price control to offset the anticompetitive effect in designing patent policies.
Publisher:
UNU-WIDER
Series:
WIDER Research Paper
Volume:
2008/36
Title:
The Impact of Higher Standards in Patent Protection for Pharmaceutical Industries under the TRIPS Agreement: A Comparative Study of China and India
Authors:
Xuan Li
Publication date:
April 2008
ISSN Web:
1810-2611
ISBN 13 Web:
9789292300821
Copyright holder:
© UNU-WIDER
Copyright year:
2008
Keywords:
product patent, process patent, TRIPS, pharmaceutical industries, China, India
JEL:
O34, L65, F14
Project:
Southern Engines of Global Growth
Sponsor:
The governments of Denmark (Royal Ministry of Foreign Affairs), Finland (Ministry for Foreign Affairs), Norway (Royal Ministry of Foreign Affairs), Sweden (Swedish International Development Cooperation Agency—Sida) and the United Kingdom (Department for International Development).
Format:
online
Back to Top

^ Back to top

1995-2014 United Nations University World Institute for Development Economics Research

© CC BY-NC-SA 3.0 IGODisclaimer | Terms of Use
UNU-WIDER, Katajanokanlaituri 6 B, FI-00160 Helsinki, Finland
Tel: +358(0)9 6159911 | Fax: +358(0)9 61599333
mail: wider@wider.unu.edu/firstname.lastname@wider.unu.edu