Intellectual Property Rights and Access to Affordable ARVs in China

This paper documents the recent developments, opportunities and challenges in intellectual property rights and access to affordable medicines in China. In particular, the paper finds that there have been impressive achievements in the national response to the HIV epidemic in China. Examples include the rapid expansion of government-supported antiretroviral (ARV) schemes and the development of a legal framework on intellectual property to address access to affordable pharmaceutical products in China.

Adoption of the National Intellectual Property Strategy by the State Council in June 2008, and the revisions to the Patent Law and the Implementing Regulations with strong focus on public health protection are among the most prominent legal and policy achievements over the recent years, founding an enabling environment for action.