Part I of this Comment will discuss the development of the Chinese IP system and discuss why it has been ineffective in protecting pharmaceutical patents by comparing it to the US patent system. Part II analyzes the third amendment to the Chinese patent law and how it protects patents, particularly pharmaceutical ones, and deters counterfeiters from infringing upon the patents. Part II also presents different views on the effectiveness of the third amendment to protect patents. Part III argues that even though the third amendment is a great leap forward, pharmaceutical counterfeiting will continue to happen if the local governments do not cooperate with the central government in enforcing patent protection laws.
Rachel T. Wu,
Awaking the Sleeping Dragon: The Evolving Chinese Patent Laws and its Implications for Pharmeceutical Patents,
34 Fordham Int'l L.J. 549
Available at: http://ir.lawnet.fordham.edu/ilj/vol34/iss3/5