THE ASTRAZENECA V. CNIPA CASE AND CHINA’S IPR EVOLUTION: A COMPARATIVE PERSPECTIVE ON PHARMACEUTICAL PATENT PROTECTION

The thesis examines the Chinese system for the protection of intellectual property rights, focusing on the protection of pharmaceutical patents. After providing a theoretical framework for international intellectual property, the thesis reconstructs the development of Chinese legislation and the country's progressive integration into international standards. The analysis then develops the AstraZeneca v. CNIPA case, which concerns a patent invalidation proceeding and the possibility of exploiting experimental data filed at a later stage than the filing. The case examines the criteria applicable to inventive step and the assessment of technical effect in the context of pharmaceutical inventions, where scientific evidence plays a decisive role. Finally, the thesis adopts a comparative perspective with the European patent system, with the aim of verifying whether Chinese jurisprudential and institutional developments contribute to strengthening legal certainty and the predictability of enforcement.