“The idea that China is a competitor to the US economy is a small-minded view of the world. The potential for collaboration with China is huge, and the US cannot afford to miss out,” QB3’s associate director Douglas Crawford said last Monday, November 7th at “Protecting Life Sciences IP in China: Innovation, Legal Change and Business Strategy,” a half-day conference organized by the Asia Society and held at the UCSF Mission Bay campus.
Keynote speakers Wei Huacheng, chairman of Beijing Pharmaceutical Group, and Oliver Lutze, head of IP rights for Bayer China, traveled from China to share their expertise. Speakers and panelists depicted the Chinese economy as rapidly evolving from manufacture to innovation, with government agencies driving IP regulation and enforcement. While many Chinese, including entrepreneurs, do not yet respect IP, improvements in recent years have made China a safer and more productive country for life science investments.
The pharmaceutical industry has invested deeply. Most industry leaders, including Pfizer, Bayer, and Novartis, have established billion-dollar R&D centers in Shanghai over the last decade. However, IP protection has been a challenging issue for the life science industry in China.
The Chinese have traditionally viewed IP regulations as a hindrance to their economy, which was based on the cheap manufacture of goods. IP law did not exist in China until 1984, and new chemical entity protection was not established until 1993. Adherence to and enforcement of new regulations has not been ideal.
However, a recent strategy shift by the government is improving the situation. Recognizing the limitations of a manufacture-based economy, the government declared a push towards an innovation-based model in 2008. To jumpstart the initiative, it invested $200 billion in healthcare and life science innovation. $15 billion was dedicated to new drug development through the “Mega New Drug Creation and Manufacturing Program.”
An innovation-based economy relies on strong IP protection to uphold the value of inventions. “IP and IP protection is a function of economic need,” said Greg Scott, president and founder of ChinaBio LLC. “China now understands that IP is important from a business perspective, internally and internationally.” The government is seeding a cultural respect for IP among its citizens. The “IP Enforcement Initiative”—one would love to know the details, but few were provided at the conference—took place from October 2010 through June 2011. Some believe the Ministry of Commerce should continue the program indefinitely, according to panelists.
Government enforcement of IP regulations initially favored Chinese entities in international disputes. However, the government soon realized that this approach was driving international investments away. The government reformed its approach and demonstrated a new balanced stance in landmark cases won by Eli Lilly and Pfizer in 2007. These cases instilled trust in the Chinese IP system. As a result, international pharmaceutical companies confirmed their commitment to invest in China.
While China has undergone vast improvement in IP protection in the last 30 years, more work needs to be done to meet international standards. Current law excludes medical treatments from IP protection, which stifles innovations in drug delivery, devices and personalized medicine. The Chinese government is making an effort to catch up by engaging with industry representatives and governments to guide IP law amendments and implementation strategies. Mobilizing policy, science and business in coordination, China hopes to be at the forefront of global innovation by 2020, Lutze said.