China’s Insertion in the International Patent Regime: Shaking the Rules Widens the Development Policy Space

Abstract

Much has been written about the effects of China’s rising role in global economic governance, but the consequences for the development policy space have received little attention. This article examines whether China’s mode of insertion in the international patent regime widens the restricted policy space of its developing country partners to shape their national patent system in a way that facilitates technical progress. Results show that China adopts a minimalist interpretation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement as it incorporates its flexibilities at the bilateral and national levels, thus preserving and potentially widening its partners’ development policy space.