ABSTRACT
Although China became a member of the WTO only in 2001, it sought to comply with the TRIPS Agreement much earlier than any other developing country. In the early part of the 1990s, China came under pressure from the US to introduce stricter IP rights protection, as China was viewed as a country with weak IP legislation and enforcement mechanism, which seriously jeopardised trade relations. As China sought to assure some of its developed country trade partners (e.g., US, EU, etc.), it introduced TRIPS-compliant IP legislation. China’s attitude towards IP laws had been severely criticised over the decades by both developed countries and legal commentators, as its history showed a lack of appreciation for creator’s rights. China’s political history did not do it any favours, as it was under dynastic rule, and later under Communist rule led by Chairman Mao, where IP laws were scoffed at and state ownership was promoted. This chapter takes up for study the peculiar case of China, which effectively never had IP legislation until the late 1970s when it decided to throw open its markets to the world by introducing market economy reforms, and its effect on access to medicines.
