Innogen  ·  Publications  ·  Journal articles
Biotech Innovation and Patenting in the Developing World: China – A Giant Among Nations?

Harmon, SHE

Journal of Intellectual Property Rights   12 72-85

January 2007   (Received September 2006)

The mantra of pro-patenting stakeholders is that intellectual property rights, and in particular, patent rights, promote innovation. But can this claim be supported? And is it always true? This article analyses the claim within the context of the developing world and healthcare settings. Having articulated the special case that medical patents represent in the developing world, it goes on to consider the patent regime in China, outlining the content of the modern Chinese patent law with a view to assessing how it reflects China's economic and healthcare situation, and identifying what other developing countries might take from it.