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Contractual Protection of Intellectual Property Rights

Author

Listed:
  • Zhou Yan

    (Center for Chinese Public Administration Research, School of Government, Sun Yat-Sen University, 135, Xingang Xi Road, Guangzhou, Guangdong, China)

Abstract

Accompanying the rise of China in the world economy, intellectual property right protection comes to be the major issue apropos of international trade disputes in recent years. This paper, adopting the transaction costs paradigm and applying the contract theory, investigates and examines a form of contractual protection effectuated by market forces. The study shows that the contractual arrangement constituted by joint venture agreement with offsetting contractual arrangement is a form of intellectual property right protection driven by market forces. This contractual arrangement, though arising under the state policy of joint venture control, functions as an effective protection of intellectual property rights by fully pricing and protecting such hardly enforceable rights.

Suggested Citation

  • Zhou Yan, 2018. "Contractual Protection of Intellectual Property Rights," Man and the Economy, De Gruyter, vol. 5(1), pages 1-11, June.
    • Handle: RePEc:bpj:maneco:v:5:y:2018:i:1:p:11:n:8
    DOI: 10.1515/me-2018-0007
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    More about this item

    Keywords

    intellectual property rights; joint venture; offsetting contractual arrangement;
    All these keywords.

    JEL classification:

    • O40 - Economic Development, Innovation, Technological Change, and Growth - - Economic Growth and Aggregate Productivity - - - General
    • P14 - Political Economy and Comparative Economic Systems - - Capitalist Economies - - - Property Rights
    • P51 - Political Economy and Comparative Economic Systems - - Comparative Economic Systems - - - Comparative Analysis of Economic Systems
    • Q38 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Nonrenewable Resources and Conservation - - - Government Policy (includes OPEC Policy)

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