TRIPS-plus and access to medicines in China

Abstract

Ample evidence shows that Trade-related aspects of intellectual property rights (TRIPS)-plus provisions have seriously affected access to and availability of drugs in the developing countries. In recent years, developed countries have pressured many developing countries to implement TRIPS with stronger intellectual property (IP) protection than required by the TRIPS Agreement. The stronger provisions are called TRIPS-Plus provisions. This article focuses on IP and the health implications of limited access to medicines in China, explores the TRIPS-plus arrangements in Chinese IP laws and regulations, and makes suggestions for China's negotiation strategy in resisting pressure from developed countries to tighten IP laws and regulations. © 2013 Macmillan Publishers Ltd.