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A dilemma for developing countries in intellectual property strategy? Lessons from a case study of software piracy and Microsoft in China

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  • Xiaobai Shen

Abstract

This paper examines the dilemmas faced by developing countries (DCs) in determining their response to the global harmonisation of intellectual property (IP) protection. It focuses on two key questions: will a weak IP regime in DCs deter inward investment/technology transfer and hamper technology development?; and can DCs build up their technology capabilities and thereby overcome the projected negative impacts of global IP harmonisation by a strategy of delaying compliance with the international IP regime? This paper reviews these debates and dilemmas, applying an analytical framework based on technology studies. It uses a case study of the software industry in China to advance the argument that the effects of an IP regime are extremely complex, depending on particular industrial, technological and social factors. The key question is not whether to enforce the global IP regime; rather, policymaking needs to be informed by a more detailed approach. Imposition of the global IP regime may not be effective and may not per se promote innovation. Copyright , Beech Tree Publishing.

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  • Xiaobai Shen, 2005. "A dilemma for developing countries in intellectual property strategy? Lessons from a case study of software piracy and Microsoft in China," Science and Public Policy, Oxford University Press, vol. 32(3), pages 187-198, June.
    • Handle: RePEc:oup:scippl:v:32:y:2005:i:3:p:187-198
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    File URL: http://hdl.handle.net/10.3152/147154305781779533
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    Cited by:

    1. Cao, Qing, 2014. "Insight into weak enforcement of intellectual property rights in China," Technology in Society, Elsevier, vol. 38(C), pages 40-47.
    2. James A. Cunningham & Matthias Menter & Chris Young, 2017. "A review of qualitative case methods trends and themes used in technology transfer research," The Journal of Technology Transfer, Springer, vol. 42(4), pages 923-956, August.
    3. Kshetri, Nir & Dholakia, Nikhilesh, 2009. "Professional and trade associations in a nascent and formative sector of a developing economy: A case study of the NASSCOM effect on the Indian offshoring industry," Journal of International Management, Elsevier, vol. 15(2), pages 225-239, June.

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