If a US pharmaceutical companies manufactured a medicine that ensures cure for cancer, would other pharmaceutical companies have the right to make it on their own? Is there a law or something?
Also, Can China copycat the Medicine that the US Pharmaceutical company is doing and sell it cheaper to other countries? can China have good change or is it illegal to do that? Would it be banned because they dont have the right, right?
Answer:
They would apply for a patent which under international law should be recognized (certain exemptions apply for developing countries. However, middle income countries such as Brazil and India have disregarded American patent protection and developed generic drugs for their own population. Essentially, Americans are the only ones foolish enough to pay retail for drug therapy. There is an article on the BBC website under "Americas" that will explain the process in detail.
While the patent is in force, only the original developer of the drug is allowed to produce it in any country which recognizes the patent. Once the patent has expired, other companies may produce generic versions of the drug.
As far as I know, China officially recognizes patents, but seems to be lax in enforcing intellectual property laws.
To my understanding, if the medicine is made by a U.S. company, they have exclusive rights for x amount of years as long as the pharmaceutical company gets a Patent on it. After X years is up, then other U.S. companies are allowed to make the "generic" versions and offer them as well.
As far as Chine making a generic version and selling it, I don't know. I don't believe China has to follow U.S. pharmaceutical laws, UNLESS they are trying to sell generic drugs in the U.S.
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