Review on the Implementation and Impact of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership on China's Pharmaceutical Economy

Abstract

Background: The ‘Intellectual Property Rights’ chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) sets high international standards for intellectual property rights (IPR) protection, particularly with regard to pharmaceutical patents. Even though some of the provisions are currently suspended, the stringent nature of these provisions poses undeniable challenges to member states, and likewise they have become an obstacle to China's IPR negotiations when joining the CPTPP.

Objective: Analyze the CPTPP drug patent rules and their application in China's intellectual property law, evaluate the adaptability and challenges of China's drug patent protection system, and put forward suggestions for improving China's drug patent protection system through comparative research.

Methods:  A qualitative analysis  This study is a qualitative theoretical study, using text research, comparative research, and case study methods. It tracks relevant research on pharmaceutical patents in the HeinOnline database, LexisNexis, WIPO database, and Cnki, and uses the China Judgment online to search for cases related to pharmaceutical patent disputes for a comprehensive analysis. 

Results: A high-standard pharmaceutical patent protection system is characterized by four critical rules established in the CPTPP.  China's current pharmaceutical patent laws largely meet the CPTPP's requirements. Despite this alignment, there are notable deficiencies in the legal implementation aspect.

Conclusion: While China's pharmaceutical patent laws are fundamentally compliant with CPTPP standards, further enhancements in legal implementation are necessary to mitigate potential risks associated with joining the agreement.