Intellectual Property Rights in China: The Changing Political Economy of Chinese–American Interests

We review the evolution of modern Chinese intellectual property right (IPR) laws and enforcement and explore economic and political forces involved in international conflicts over Chinese IPR protection. Our analysis considers why the US and China moved from conflict to cooperation over intellectual property rights. Structural and institutional aspects of the political economy of IPRs within each country are considered, and data on Chinese‐US trade in intellectual property‐intensive goods are examined. We conclude that although enforcement of IPRs within China continues to be relatively weak, Chinese IPR institutions are converging on those in the OECD nations.     

Intellectual Property Rights,FDI, R&D and Economic Growth: A Cross‐country Empirical Analysis

This paper aims to empirically examine how intellectual property rights (IPRs) protection, foreign direct investment (FDI) and research and development (R&D), along with other possible variables, may affect the economic growth of the host country. Using the panel data of 92 countries during 1970–2007, I conclude from the system generalised method of moments estimation that domestic investment share, FDI, R&D capacity, openness to trade, human capital and IPRs protection all have statistically significant and positive impacts on economic growth. A further investigation of countries at different levels of development suggests two striking findings. First, besides the domestic investment, openness, human capital and IPRs protection, R&D is the key to drive economic growth in the higher‐income countries, while FDI is the engine of growth in both higher‐income and middle‐income countries. Second, a positive and significant impact of IPRs protection on economic growth is found in both higher‐income and lower‐income countries. However, such an impact is not detected in the middle‐income countries.     

基于东道国技术创新能力的FDI技术溢出效应研究

随着经济全球化的发展,对FDI技术溢出效应的研究已经取得了相当多的成果,但是对于东道国技术创新能力对于FDI技术溢出效应的影响的研究却并不是很多见,因此,从这个角度出发,对已有文献进行了综述,并提出东道国技术创新能力对提高FDI技术溢出效应的重要性。     

Determinants of Firm R&D: The Role of Relationship-Specific Interactions for R&D Spillovers

Research and Development (R&D) is a key component behind technological development and economic growth; therefore, understanding the drivers of R&D is crucial. An interesting question is the role of technology spillovers, transferred by trade, and their impact on firm R&D. Here we analyze not only how international and domestic inter- and intra-industry technology spillovers affect firm R&D but also the relatively unexplored issue of how relationship-specific interactions between buyer and seller affect such spillovers. We find international technology spillovers to be larger and more significant than domestic inter- and intra-industry spillovers. Moreover, relationship-specific interactions between seller and buyer enhance technology spillovers in general and international spillovers in particular.     

不均质后发大国知识产权保护政策困境

知识产权保护制度并非仅有利而无弊,也决非越严越好,取决于经济、技术发展水平的适度知识产权保护将能够更好地为国家利益服务.中国作为一个后发大国,要求知识产权保护在鼓励自主创新、吸引FDI与促进国际技术扩散中权衡,并且经济、技术发展不平衡的各区域也要求不同的知识产权保护水平.适度知识产权保护如何与目前多边性、双边性国际知识产权协议相适应、又与各区域经济发展水平和技术能力相适应是不均质后发大国知识产权保护政策选择和运行所面临的多重困境.     

Spillovers from foreign direct investment and firm growth: technological,financial and market structure effects

This article examines spillover effects from inward investment on domestic firm growth in the case of a developed host country. The emphasis is placed on the role of the technological gap between domestic and foreign firms in identifying the importance of technology diffusion from the presence of multinationals. An augmented production function is employed to account for technological, financial and market structure effects. Based on a sample of 2589 manufacturing firms operating in Greece between 1992 and 1997, the analysis provides evidence that the significance of spillovers varies with the relative technological position of domestic firms and is higher in the middle and upper quantiles of the growth distribution. It was estimated that a unit increase in the foreign presence in Greek industry raises output growth by 7% on average, in a five‐year period, after controlling for technological differences among firms. This result is consistent with the ‘absorptive capacity’ hypothesis that the technological capability of the host country relates positively to FDI spillover benefits.     

我国对外直接投资的逆向技术外溢效应研究

本文选取我国对外直接投资比较集中且技术水平比较发达的九个国家(地区),利用我国和九国(地区)对外直接投资与技术创新的投入产出数据,测算我国的全要素生产率、母国和东道国的研发资本存量,实证分析了我国直接投资到这些国家(地区)所产生的逆向技术外溢程度。研究结果表明,我国通过对外直接投资渠道获得的国外研发资本存量能给母国带来正的技术外溢效应,只是由于我国对外直接投资相对吸引外资而言发展缓慢,因而其技术外溢效应相对较低。     

When an Importer's Protection of IPR Interacts with an Exporter's Level of Technology: Comparing the Impacts on the Exports of the North and South

Using bilateral trade data of countries from 2000 to 2007, this paper contributes to the empirical literature on the role of intellectual property rights (IPRs) in global trade. The existing literature has focused on how IPRs in the destination country affect exports from a source country. In this paper, we add an additional dimension: the level of technology of the exporting country (LT). This is quite important for distinguishing the impact of IPRs on the exports of developed and developing countries, since the technology levels vary across countries at different stages of development and intellectual property rights better protect exports that are technologically advanced than exports that are imitative and potentially infringing. By factoring in the level of technology (LT), our empirical analysis makes the case that IPRs can act as a barrier to the exports from the South, especially the rapidly catching‐up economies, and thus be a source for the middle‐income trap phenomenon.     

Intellectual property rights,imitation, and development. The effect on cross-border mergers and acquisitions

In this paper, we analyze whether the recent global process of strengthening and harmonization of intellectual property rights (IPRs) affects decisions of cross-border mergers and acquisitions (M&As). We investigate if IPRs have a differential effect across sectors of different technology content and for countries of different development level. Also, we study how imitation abilities of target countries interact with the tightening of IPRs. Using data for the post-TRIPS period (1995–2010), we estimate an extended gravity model to study the bilateral number of M&As, including a measure of the strength of IPRs systems on target countries and a set of control variables usually considered as determinants of M&As. The estimation results verify the gravity structure for M&As and show that IPRs –and enforcement– influence decisions of cross-border M&As in all sectors regardless of their technological content. However, IPRs are more important in countries with high imitation abilities and in sectors of high-technology content. Furthermore, a strengthening of IPRs leads to a larger increase of M&As in developing countries than in developed countries. These results call the attention on the possible implications for least developed economies and challenge the adequacy of a globally harmonized IPRs systems.     

FDI、国外专利申请与中国各地区的技术进步——国际技术扩散视角的实证分析

技术进步是国家经济发展的核心竞争力,技术水平的提高主要依赖于该国的国内研发和对国外研发溢出的吸收。因此对于研发资金有限的发展中国家和地区,国外研发溢出对加快自身技术进步尤其重要。在CH模型基础上,我们采用LP法将国外研发溢出量化,并使用面板数据考察了输入型FDI和国外专利申请在中国各地区所带来的国外研发溢出效应,实证结果表明了国外研发溢出效应的存在,但在各地区间存在差异;国内研发仍然是各地区技术进步的主要来源。     

Fighting Software Piracy: Which Governance Tools Matter in Africa?

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of intellectual property rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good governance mechanisms is also examined. Findings demonstrate that: (1) while all governance tools under consideration significantly decrease the incidence of piracy, corruption-control is the most effective weapon; (2) but for voice and accountability, political stability and democracy, IPR laws (treaties) are instrumental in tackling piracy through government quality dynamics of rule of law, regulation quality, government effectiveness, corruption-control, and press freedom. Hence, the need for a policy approach most conducive to expanding development is to implement an integrated system of both IPRs and corollary good governance policies. Moreover, our findings support the relevance of good governance measures in developing countries wishing to complement their emerging IPR regimes.     

Subsidiary roles,vertical linkages and economic development: Lessons from transition economies

Vertical supply chain linkages between foreign subsidiaries and domestic firms are important mechanisms for knowledge spillovers, contributing to the economic development of host economies. This paper argues that subsidiary roles and technological competences affect the extent of vertical linkages as such as well as their potential for technological spillovers. Using survey evidence from 424 foreign subsidiaries based in transition economies, we tested for the effect of subsidiaries’ autonomy, initiative, technological capability, internal and external technological embeddedness on the extent and intensity of forward and backward vertical linkages. The evidence supports our main argument that the potential of technology diffusion via vertical linkages depends on the nature of subsidiary roles. We discuss the implications for transition as well as other developing countries.     

知识产权保护与自由贸易的冲突与协调

知识产权保护与自由贸易的冲突由来已久,TRIPS协议实施后,更引发了国家之间尤其是发达国家和发展中国家之间在贸易及其他利益方面的多种冲突,因此发达国家和发展中国家应加强在知识产权保护方面的协调,我国也应采取相应对策以减少知识产权冲突,充分发挥知识产权保护机制的积极作用。     

An Acceptable Consistency-Based Framework for Group Decision Making with Intuitionistic Preference Relations

This article studies acceptable consistency of intuitionistic preference relations (IPRs) and examines how to aggregate individual IPRs into a collective judgment in a group decision making (GDM) context. A consistency index is first introduced to measure the consistency level, thereby defining acceptable consistency for IPRs. If a decision-maker is unwilling or unavailable to revise his/her judgment for an IPR with unacceptable consistency, an automated approach is developed to improve its consistency to an acceptable level. The acceptably consistent IPRs are subsequently aggregated into a group opinion by using an induced ordered weighted averaging operator. A procedure is then proposed to solve GDM problems with IPRs. An illustrative example is presented to demonstrate the effectiveness and applicability of the proposed approach.     

Foreign direct investment and intellectual property rights: evidence from Hollywood's global distribution of movies and videos

Traditional thinking about intellectual property rights (IPR) suggests that as a country strengthens its IPR standards, firms will move their governance structures away from equity based institutions such as foreign direct investment (FDI) towards more market-based relations such as licensing agreements. This hypothesis is explored by examining the behavior of Hollywood studios in both the feature film and video markets in 40 foreign countries. The analysis reveals that the behavior of Hollywood studios is more complex than this: although moderate IPRs are associated with a high degree of licensing, both high and low standards of IPR encourage more integrated governance structures.     

外商直接投资对工业行业内部的技术外溢

本文利用1995-1997,2000-2003年期间,中国工业36个行业的平行数据,使用固定效应模型和随机效应模型估计了FDI对工业行业内部的技术外溢,及影响技术外溢的因素。结果显示:在1995-1997年期间,FDI对我国工业行业内部有不显著正的技术外溢。技术差距较小、劳动密集型行业获得较大的技术外溢。在2000-2003年期间,FDI对工业行业内部有显著正的技术外溢。技术差距较大、资本密集型工业行业获得较大的技术外溢。因此,本文的政策含义是,工业行业的引资应偏重技术差距较大的资本密集型行业。     

Zum Aneignungsverhalten innovationsaktiver kleiner und mittlerer Unternehmen

This paper examines recent contributions on innovation protection practices in small and medium enterprises (SMEs), with a specific focus on the role of intellectual property rights (IPRs). Several empirical findings and possible particularities on the appropriability of SME innovations are discussed. In this way, the paper contributes to the ongoing debate about whether the less frequent use of IPRs by smaller firms should necessarily give rise to public concern. In exploring this question, the paper takes into consideration that in addition to the resource and capability constraints that smaller firms face in coping with the formal IPR system, their less frequent use of IPRs could also be related to the specific nature of their appropriability regimes.     

Self-employment: the role of intellectual property right laws

Little is known about the impact of intellectual property rights (IPRs) on typically imitative self-employment. IPR laws have contrasting dual innovation creation and access effects on self-employment activity. The first effect is positive where strong IPR laws promote innovation and so create new opportunities for self-employment. The second effect is negative where strong IPR laws restrict access to innovation and technology used as inputs to self-employed businesses. Using a 33-country dataset over the period 1995?C2000, we estimate the impact of IPR laws on self-employment, helping to fill the vacuum of empirical evidence that has plagued policy decision making in this area. We find that patent activity has a negative effect on self-employment. However, overall, we find that more extensive and strong IPR laws have a net positive effect on self-employment activity.     

Growth via Intellectual Property Rights Versus Gendered Inequity in Emerging Economies: An Ethical Dilemma for International Business

In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy’s flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We extend the analyses by pointing to various contradictions surrounding growth norms; for example, there are inherent contradictions between established “formal” legalistic interpretation of IPR, “soft law” norms of corporate social responsibility, a fluid situation of moral claims of human rights, and different institutional capabilities at the international and domestic level. Consequently, we are able to demonstrate how standard IPR laws fail to deliver equity for all. We argue our case through exploring the growth aspects of the agricultural sector in India and the adverse impact of standard biopatenting on women farmers’ rights (as producers and consumers) and preservation of environment. We suggest that desired gendered equity is better achieved when there is a constellation of actors – private-sector business, the state, and civil-society leaders – working together to ensure a balanced development through tailoring of IPR to local needs.     

How important is foreign direct investment for late industrialising countries?

While it has long been recognised that the process of development is necessarily linked to technology, the question of the efficiency of technological spillovers from foreign direct investment remains controversial. The following paper examines the theoretical background and then focuses on the case of Mexico, analysing the technological performance of multinational enterprises in that country.