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Judicial local protectionism in China: An empirical study of IP cases

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  • Long, Cheryl Xiaoning
  • Wang, Jun

Abstract

Based on an empirical study of intellectual property cases published in the Bulletin of the People's Supreme Court of China (the PSC) since 1985 as well as a large sample of intellectual property cases collected from five Chinese provinces filed during 1994–2009, this study finds that in first instance cases whether the plaintiff's residence coincides with the court's location has a positive and significant impact on whether the plaintiff gets a favorable ruling, after controlling for various plaintiff and defendant characteristics. As the findings are robust to various tests, they provide consistent evidence for the existence of judicial local protectionism in China.

Suggested Citation

  • Long, Cheryl Xiaoning & Wang, Jun, 2015. "Judicial local protectionism in China: An empirical study of IP cases," International Review of Law and Economics, Elsevier, vol. 42(C), pages 48-59.
  • Handle: RePEc:eee:irlaec:v:42:y:2015:i:c:p:48-59
    DOI: 10.1016/j.irle.2014.12.003
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    Cited by:

    1. Prud'homme, Dan & von Zedtwitz, Max & Thraen, Joachim Jan & Bader, Martin, 2018. "“Forced technology transfer” policies: Workings in China and strategic implications," Technological Forecasting and Social Change, Elsevier, vol. 134(C), pages 150-168.
    2. Zhang, Ya-Feng & Li, Li-Ming & Xu, Ke, 2022. "Do specialized intellectual property courts show a pro-patent propensity? Evidence from China," International Review of Law and Economics, Elsevier, vol. 70(C).
    3. Sun, Sunny Li & Choi, Yoona & Guo, Feng & Guo, Jinyu & Zou, Bo & Cui, Lin, 2023. "Winning intellectual property rights lawsuits in China," Journal of World Business, Elsevier, vol. 58(3).
    4. Zhao, Da & Yu, Ao & Guo, Jingyuan, 2022. "Judicial institutions, local protection and market segmentation: Evidence from the establishment of interprovincial circuit tribunals in China," China Economic Review, Elsevier, vol. 75(C).
    5. You, Heyuan & Zhang, Jinrong & Song, Yan, 2022. "Assessing conflict of farmland institutions using credibility theory: Implications for socially acceptable land use," Land Use Policy, Elsevier, vol. 112(C).
    6. Liu, Yurou, 2023. "Judicial independence and crash risk: Evidence from a natural experiment in China," Journal of Corporate Finance, Elsevier, vol. 83(C).

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