Winning intellectual property rights lawsuits in China |
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| Institution: | 1. Robert J. Manning School of Business, University of Massachusetts Lowell, United States;2. College of Asia and the Pacific, Australian National University, Australia;3. College of Management and Economics, Tianjin University, China;4. International Business School, Jinan University, China;5. School of Business, Sun Yat-sen University, China;6. College of Business and Economics, Australian National University, Australia;1. Full Professor of Marketing, EDHEC Business School, 24 avenue Gustave Delory – CS 50411, 59057 Roubaix Cedex 1, France;2. Full Professor of Business Analytics, IESEG School of Management, Univ. Lille, CNRS, UMR 9221 - LEM - Lille Economie Management, 3 Rue de la Digue, Lille, F-59000, France;3. Associate Professor of Sales Management, IESEG School of Management, Univ. Lille, CNRS, UMR 9221 - LEM - Lille Economie Management, 3 Rue de la Digue, Lille, F-59000, France;4. Full Professor of Strategy and International Business, Tongji University, School of Economics and Management, 1500 Siping Road, Shanghai 200092, China (at the time of preparing the article);1. Deparment of Economics, European University of Rome, Via degli Aldobrandeschi, 190, 00163 Rome, Italy;2. IPAG Entrepreneurship & Family Business Center, IPAG Business School, 4 bd Carabacel, 06000 Nice, France;3. Department of Business and Management, LUISS University, Viale Romania 32, 00197 Rome, Italy;4. Control, Audit, Risk Management and Entrepreneurship Department, University of Mons, Place Warocqué, 17, 7000 Mons, Belgium;5. FABULA – Family Business Lab, Università Cattaneo - LIUC, Corso Matteotti 22, 21053 Castellanza, Italy;6. CeFEO (Centre for Family Entrepreneurship and Ownership), Jönköping International Business School, Jönköping, Sweden;7. LUISS Business School, LUISS University, Via Nomentana, 216, 00162 Rome, Italy;8. McCaig Chair in Management, Haskayne School of Business, University of Calgary, Scurfield Hall 418, 2500, University Drive N.W., Calgary, Alberta, Canada;9. Solvay Business School, University of Brussels (VUB), Belgium;10. Henley Business School, University of Reading, United Kingdom;1. School of Engineering, Hochschule Pforzheim, Tiefenbronner Straße 66, Pforzheim 75175, Germany;2. School of Management, Royal Holloway, University of London, Egham, Surrey TW20 0EX, UK;1. School of Management, Zhejiang University, Hangzhou, Zhejiang, China;2. School of Business, Renmin University of China, Beijing, China;4. School of Business and Management, Jilin University, Changchun, Jilin, China;1. Center for the Yangtze River Delta''s Socioeconomic Development, Nanjing University, 22 Hankou Road, Nanjing, 210093, China;2. Hopkins-Nanjing Center, China;3. Copenhagen Business School, Denmark;4. SKEMA Business School, 99 Ren''ai Road, Suzhou 215123, China;5. UniSA Business, University of South Australia, GPO Box 2471, Adelaide, SA 5001 Australia |
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| Abstract: | What influences foreign plaintiffs’ likelihood of winning intellectual property rights (IPR) lawsuits in an emerging economy such as China? From an institution-based view, prior scholarly debate presents two competing perspectives on the evolving IPR regime in China, focusing on the incentives of internal development and the pressures of external legitimacy respectively. We integrate these two perspectives to examine the effects of regional research and development (R&D) investment on the likelihood of foreign plaintiffs winning IPR lawsuits. We identify a direct effect reflecting the evolving economic incentives of host regions, and two mediating pathways that correspond to the legal strategies employed by foreign plaintiffs to apply external legitimacy pressure on host region legal institutions. Our analyses of a sample of 1103 IPR disputes between foreign plaintiffs and local defendants in Chinese courts from 2008 to 2017 provide support to our arguments. |
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