Patently Lacking: A Call for Systemic Review of Pharmaceutical Law and Policy - A Case Study of Hong Kong Asian Journal of WTO & International Health Law and Policy 9, 1 (2014), 63 - 122 (
This article offers preliminary findings into the pharmaceutical laws and policy of Hong Kong. Applying a framework approach to
identifying the linkages between pharmaceutical patents and policy
objectives in the areas of public health, medical innovation and pharmaceutical industry development, the article examines the pharmaceutical patent regime as an integrated system of patent and
regulatory laws which govern pharmaceutical patents and products
and explores the way such provisions operate at a complex intersection of
policy objectives, priorities and mandates. The study reveals contradictions in the way in which the provisions are implemented within Hong Kong's pharmaceutical
patent system as well as certain discrepancies between the system and broader governmental agendas. In so doing, the article demonstrates the importance of clear policy objectives in intellectual property, innovation and pharmaceutical industry as well as the need for
sector specific empirical studies and an integrated approach for establishinga better
functioning pharmaceutical patent regime. The perspectives and considerations revealed in the analysis are of
interest and applicable to other
jurisdictions in that they provide a
framework for policy and law makers to implement pharmaceutical
legal and regulatory provisions in a more coherent and systematic manner conducive to national priorities and balancing interests and needs of the stakeholders and the populace.
