The emergence of China’s indigenous standards has raised concerns within the trade community. Focusing on the compatibility of such Chinese-made standards with the WTO laws, existing legal literature seem to see China’s indigenous standards as being oriented towards ‘techno-nationalism’, thereby posing a credible threat to international economic order. By revisiting the case of the WAPI, one of the most (in)famous Chinese indigenous standards in the information and communication technology (ICT) industry, this chapter contends that the threat of China’s indigenous standards policy to the global trading system may be less serious than some had thought because of the contextual factors and new rules introduced through trade and investment laws in the era of megaregionalism.
Benjamin Pi-Wei Liu
Patent linkage is a system of administrative intellectual property (IP) protection that links the marketing approval of generic drugs to the status of patents covering the underlying technology. It was invented in the United States within an updated pharmaceutical regulatory regime that attempts to balance the competing demands of R & D cost, business motives and medical welfare under the Drug Price Competition and Patent Restoration Act, also known as the Hatch-Waxman Act. This chapter examines how China has dealt with patent linkage. Contrary to conventional wisdom, China in fact adopted an ambitious set of patent linkage regulations as early as 2002 and became the first country outside North America to do so. As written, the Chinese patent linkage regulation conformed to the standard of patent linkage that US trade negotiators were then promoting in Chile and Australia. In fact the Chinese regulation offers even more protection to the patentee than US domestic patent linkage under the Hatch-Waxman Act. However the laws failed because its administrative apparatus was not up to the task of implementing the maximalist protection. What happened in China ostensibly supports the view of a system theorist like Teubner, however, there is no denying that the transplantation of patent law to China is itself ‘successful’ by some measure – it now processes more patents than any country in the world. The contrast between the maturation of an imported patent system and the failure of regulatory patent linkage presents a theoretical solution of when a transplanted legal regime is viable.
Wei Liu, Mian Li, Jie Yang and Shaokun Wei
Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more questions than it has answered in terms of regulatory divergence? What mechanisms do the multilateral, plurilateral, or bilateral economic integration arrangements design to reduce regulatory divergence? We will engage in a critical review on pertinent law-making and jurisprudence to offer a systematic examination on regulatory convergence of technology law.