Concentration in ownership of plant variety rights: some implications for developing countries

This paper explores concentration levels in the ownership of intellectual property rights over plant varieties worldwide. An analysis of data for 30 UPOV member-countries shows a high degree of concentration in the ownership of plant variety rights for six major crops at the national level in the developed world. Much of this concentration has arisen owing to the rapid consolidation of the seed industry through mergers and acquisitions, especially in the 1990s. A high degree of concentration in the ownership of plant variety rights, in combination with recent efforts to strengthen plant variety protection regimes, is likely to have significant effects on the prospects for future innovation in plant breeding and the distribution of market power between companies. For developing countries, concentration in intellectual property right ownership may have important implications for the structure of domestic seed industries and access to protected varieties and associated plant breeding technologies. These implications for developing countries are likely to become apparent in the context of the rapid spread of plant variety protection and access legislation, emerging changes in the international exchange regime for plant material and liberalised investment policies permitting foreign investment in the seeds sector.     

How managers protect intellectual property rights in China using de facto strategies

Foreign firms trying to protect their intellectual property rights (IPRs) in emerging economies are suffering real pressures because these economies usually offer little or no enforcement of IPR. Foreign firms therefore have to resort to approaches unlike those they use in developed countries. This paper explores what managers of foreign firms in China have already tried in their efforts to achieve effective IPR protection – specifically, they have crafted de facto strategies that can protect IPR without using China's legal system or engaging in lawsuits against imitators. These strategies work, and this paper explains how and why, thus offering a potential template for IPR protection in other economies with weak appropriability systems.     

Who bribes? Evidence from the United Nations' oil-for-food program

How do managers react in an environment where bribery is likely to bring high rewards, but also presents high risks? We examine the supply side (firms' illicit payments) of bribery in a global setting, using the United Nations' (UN) Oil-for-Food Program, part of UN sanctions on Iraq. Some companies helped Iraq circumvent UN sanctions through bribe payments in the form of illicit surcharges. Our transaction-level analysis of factors affecting bribe payments draws on the economic theory of crime, agency theory, and home country institutions. Results suggest that firms pay larger bribes when there are stronger financial and managerial incentives, but pay less when their home countries have implemented the OECD Anti-Bribery Convention. We find little relationship between a widely used country-level corruption perception index and firms' actual bribery. Copyright © 2012 John Wiley & Sons, Ltd.     

Universal intellectual property rights: Too much of a good thing?

Developing countries’ incentives to protect intellectual property rights (IPR) are studied in a model of vertical innovation. Enforcing IPR boosts export opportunities to advanced economies but slows down technological transfers and incentives to invest in R&D. Asymmetric protection of IPR, strict in the North and lax in the South, leads in many cases to a higher world level of innovation than universal enforcement. IPR enforcement is U-shaped in the relative size of the export market compared to the domestic one: rich countries and small/poor countries enforce IPR, the former to protect their innovations, the latter to access foreign markets, while large emerging countries free-ride on rich countries’ technology to serve their internal demand.     

Control of intellectual assets in client relationships: implications for innovation

This empirical study of business‐to‐business service firms examines the determinants and effects of control rights to intellectual assets in a property rights theoretic framework. Regression analyses using survey data suggest that service suppliers that retain control over their intellectual output are more innovative. In long‐term relationships, service firms' clients may thus be better off balancing their need to control outsourced activities with the suppliers' incentives to invest in learning and innovation. Additionally, and aligned with property rights theoretic predictions, service suppliers' bargaining power and their indispensability in service projects are positively associated with their ability to retain control rights. In contrast, innovation capabilities are not very significant in determining control rights allocation between service suppliers and their clients. Copyright © 2008 John Wiley & Sons, Ltd.     

Pursuing opportunities in distance: the determinants of overseas R&D by Chinese multinationals

This study investigates two relevant dimensions of institutional distance – knowledge and economic distance – that influence the overseas research and development (R&D) intensity of emerging market multinational enterprises. We undertake a longitudinal analysis of 121 listed Chinese manufacturing multinational enterprises for the period 2011–2016. The results reveal that the enterprises' overseas R&D is more intense in host countries with greater knowledge and economic distance. Moreover, as the strength of intellectual property rights protection in host countries grows, the positive effects of knowledge and economic distance on the enterprises' overseas R&D intensity become weaker. We also find that political ties with home country governments strengthen the positive relationship between knowledge distance and the enterprises' overseas R&D intensity, while its moderating effect on the relationship between economic distance and overseas R&D intensity is insignificant.     

技术创新门限效应研究——基于知识产权保护与技术差异视角

本文利用中国30个省市区2000～2012年数据,采用面板门槛模型,基于知识产权保护与技术差异视角,对技术创新的门限效应进行研究。结果表明,知识产权保护的技术创新效应存在着明显的技术差异与知识产权保护门槛。不管以知识产权保护还是以技术差异作为门槛变量,加强研发物质资本与人力资本投入均能显著促进我国各省区技术创新水平。     

The limits to IPR standardization policies as evidenced by strategic patenting in UMTS

The impact of patents and patent royalties are a major concern of standards setting organizations. This study examines the patents filed in the standardization of UMTS, the third-generation mobile phone technology developed under sponsorship of the European Telecommunications Standards Institute (ETSI) and others, using a patent policy developed in response to issues faced in the earlier GSM (née Group Special Mobile) standardization. After contrasting firm strategies and policy effectiveness between the GSM and UMTS efforts, the paper reviews the potential impact of potential changes to the ETSI IPR (intellectual property rights) policy.     

Intellectual property: what do teachers and students know?

As society changes from an industrial to a knowledge era increasing importance and value is being placed on intellectual property rights. Technology teachers need to have pedagogical content knowledge of intellectual property if they are to incorporate it into their learning programmes to enable students to consider how to respect others’ intellectual property rights, how to protect their own ideas and how they can legitimately make use of others’ intellectual property. A survey of technology teachers and a small sample of students was undertaken to ascertain their knowledge of intellectual property and any misconceptions which may exist. The findings reflect an awareness of relevant concepts but confusion between key terms such as patent, copyright and registered design.     

Corruption in Asia: Pervasiveness and arbitrariness

How does one understand the differences and similarities of corruption among various Asian countries? We use a recent framework developed by Rodriguez, Uhlenbruck, and Eden (2005) to suggest that corruption has to be examined from two different dimensions: pervasiveness and arbitrariness. Using this framework, we ask why some Asian countries are able to achieve high levels of economic growth in the midst of high level corruption while other countries suffer from economic stagnation. We specifically suggest that more firms would bribe when pervasiveness is high, while fewer firms would bribe when arbitrariness is high. We also look into the implications on foreign direct investment.     

Pursuing justice or protecting local firms? Shenzhen courts move beyond judicial local protectionism

Emerging economies represent a vivid market for firms worldwide who are massively investing in R&D. This tendency is generating an increase in the number of intellectual property (IP) registrations and is expanding the markets for IP. However, emerging economies tend to show unfair judicial systems, being unable to ensure IP rights protection, and to allow companies to benefit from their inventions. China is one of the most important emerging economies, and both domestic and foreign companies are investing a considerable amount of money in R&D and IP activities, especially in innovative cities such as Shenzhen. In this study, we aim to investigate whether the Chinese judicial system, using the city of Shenzhen as our empirical context, is fair in protecting IP rights. We use data about IP litigations from 2014 to 2016, targeting the three most relevant outcomes: settlement, judgment, and the amount of damage awards recognized by the court. The study shows no evidence that Shenzhen courts rule in favor of local firms, and the findings show consistency regarding settlement, the winning probability in judgment, and amount of damage awards. Accordingly, we derive managerial implications demonstrating that Shenzhen is a very international arena and firms act following the classic strategic theories of innovation appropriation.     

Intellectual property rights and the evolution of scientific journals as knowledge platforms

The objective of this paper is to evaluate the role that formal intellectual property rights (IPR) play in shaping the downstream demand for knowledge that is initially disclosed through scientific publication in fields where research is generated and utilized across different institutional settings (i.e., academia versus industry). For scientific discoveries with potential commercial applicability, researchers (or their funders) may also seek to establish formal intellectual property protection (e.g., patents); choosing to establish a “patent–paper pair” allows researchers to influence follow-on access to knowledge disclosed in a given scientific journal. This paper evaluates the relationship between scientific journal publication and patenting in research communities with significant public and private authorship by examining the incidence and impact of patent–paper pairs in two journals founded in the late 1990s/early 2000s, Nature Biotechnology and Nature Materials. Using a differences-in-differences framework that exploits the delay between publication and patent grant, we document a range of findings about the impact of patent grant across time and across research populations. First, we find that the negative impact of patent grant is concentrated in the first few years after a journal's founding and eventually becomes positive. Second, patent grant positively impacts follow-on citations from private authors more than from public authors. Finally, we observe an assortative matching pattern where intellectual property grant increases forward citations from authors sharing the same institutional affiliation (e.g., public authors citing public papers) more than research across institutional lines (e.g., public authors citing private papers).     

Strengthening intellectual property rights: Experience from the 1986 Taiwanese patent reforms

Do stronger intellectual property rights spur inventive activity and foreign direct investment (FDI) in developing countries? What are the characteristics of industries where strengthening patent rights has the most favorable impact? In an attempt to answer these questions, this paper uses the 1986 Taiwanese patent reforms to examine the effects of strengthening patent rights in a developing economy. I find that the reforms encouraged R&D effort across industries. In addition, industries that were highly R&D intensive witnessed a marked increase in their patenting in the United States. The reforms also induced additional FDI.     

我国纺织品服装知识产权纠纷特征分析

随着发达国家在一些传统制造领域的优势渐失,知识产权争端形式已成为收复市场的一种重要的非贸易手段。我国纺织服装企业目前也面临着知识产权侵权困扰,侵权和被侵权都比较严重。本文重点分析了自2005年以来我国纺织品服装知识产权纠纷的典型案例,从知识产权纠纷的趋势、纠纷涉及的主要品牌、纠纷的国别关系、服装类别,纠纷的类型等角度分析纺织品服装知识产权纠纷的特征。     

R&D capabilities,intellectual property strength and choice of equity ownership in cross-border acquisitions: evidence from BRICS acquirers in Europe

The aim of the study is to investigate two relatively underexplored factors, namely, the R&D (research and development) capabilities of target firms and the strength of intellectual property (IP) institutions in target economies, that influences the choice of equity ownership in cross border acquisitions (CBAs) undertaken by multinational enterprises (MNEs) from BRICS (Brazil, Russia, India, China and South Africa) economies. They developed the key hypothesis on foreign market entry through CBAs by incorporating insights from transaction costs economics, the resource-based view and institutional theory to investigate the determinants of full versus partial equity ownership. Using logistic regression estimation methods to a sample of 111 CBA deals of BRICS MNEs in 22 European countries, it was found that BRICS MNEs were likely to pursue full rather than partial acquisition mode when target firms have high R&D capabilities. However, the greater the degree of strength of IP institutions in target economies and higher the target firms’ R&D capabilities, the more likely it is for BRICS MNEs to undertake partial, rather than, full acquisition mode. They provided interesting theoretical insights and managerial implications that might underlie some of the key findings on CBAs by emerging market MNEs.     

MNEs and corruption: the impact of national institutions and subsidiary strategy

We argue that the pressure MNE subsidiaries face to engage in corrupt practices in their host country varies positively with the institutionalization of corrupt practices in both host and home country environments. We further argue that the relationship between an MNE's home country environment and the pressure it faces in the host country is moderated by its localization strategy. Results suggest a positive relationship between the host country corruption environment and the pressure subsidiaries face to engage in bribery locally. Mixed results emerged concerning MNEs from home countries participating in the OECD Convention for Combating Bribery. Results concerning the impact of the home country corruption environment are best viewed in light of significant moderating effects. When MNEs did not have local partners, firms from less corrupt home countries reported less pressure to engage in corrupt practices locally; however, the presence of local partners eliminated this relationship. Results will help managers understand the pressures their firm is likely to face when operating in corrupt host country environments, and also offer guidance concerning how the firm might reduce its exposure to those local institutional pressures. Copyright © 2010 John Wiley & Sons, Ltd.     

Counterfeit, imitation, reverse engineering and learning: reflections from Chinese manufacturing firms

In a previous paper, we developed an alternative perspective on product imitation and innovation. In this paper, we explore some of our research questions using empirical data gathered in China. While we do not condone counterfeit activities, we explore the role of counterfeiting, imitation and learning from the perspective of Chinese manufacturers and provide insight from a small number of key informants about the motives and incentives for non-consensual acquisition of technology and their views on what Western firms should be doing to counteract the threat to their technological advantage. In this paper, we argue that where companies use the technology property of others to develop their own technology capability without the consent of the other party (non-consensual acquisition of technology), firms should consider whether there are opportunities for collaboration before resorting immediately to the legal tools at their disposal to enforce intellectual property rights and seek financial recompense from infringers without due consideration of the learning, new product development and innovation context. We believe that the findings from our case studies can make a significant contribution towards a better understanding of non-consensual acquisition of technology in an innovation context. In particular, the information gained from the key informants provides their perspective on the causes of non-consensual acquisition of technology and their views and recommendations of how companies affected by this behaviour might be able to better handle this problem.     

Technology alliances in emerging economies: persistence and interrelation in European firms' alliance formation

We analyse the patterns and determinants of technology alliance formation with partner firms from emerging economies with a focus on European firms' alliance strategies. We examine to what extent European firms' alliance formation with partners based in emerging economies is persistent – that is, to what extent prior collaborative experience determines new alliance formation – and we compare this pattern with alliance formation with developed country partners. Second, we examine to what extent prior engagement in international alliances with partners from developed countries increases the propensity to form technology alliances with partners based in emerging economies, and vice versa (interrelation). We find that both persistence and interrelation effects are present, and that they are generally not weaker for emerging economy alliances. Alliance formation with Indian and Chinese firms is significantly more likely if firms have prior alliance experience with Japanese firms. The findings suggest that building on their prior international alliance experience firms extend their alliance portfolios across both developed and emerging economies, increasing the geographical diversity of their alliance portfolios.     

Technology and Rights

What do we know about technology and rights? This article provides a fairly comprehensive overview of current issues regarding this topic. We explore and analyse a wide spectrum of rights that are challenged in this current era of technological convergence. We use the United States Bill of Rights as an example of the vulnerability of legal protections for rights against particular political and technological changes in this post 9-11 climate. New streams of rights acting as a safeguard against further incursions of technology into civil liberties are explored. We also address intellectual property rights and international trends in copyright, patent and trademark laws. We question whether these issues of technology and rights have a place in current technological literacy scenarios.     

Promoting smart cities in developing countries: Policy insights from Vietnam

Smart city initiatives have been researched primarily in the developed country context. In developing countries, however, emerging technologies are enabling progress on urban functionality, productivity, and livability. A deeper understanding of facilitative policy conditions unique to developing countries would be useful to both theory and practice. This study presents empirically grounded insights about the policy implications of smart city development in developing countries, based on surveys of experts from the public and private sectors in 10 Vietnam cities. The study makes three contributions. First, it provides new evidence that pursuing smart city development (SCD) is not a mere alternative but a crucial strategic imperative. While facing persistent problems, Vietnam's cities exhibit significant and rapidly improving readiness for SCD. Second, the study provides new insights into related policy issues and challenges, including the positive link between e-government development and control of corruption, the risk of bias toward operational management over institutional reform, and the lack of a clear development strategy. Finally, the study proposes a model for guiding smart city initiatives in developing countries.