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China’s intellectual property rights provocation: A political economy view

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Listed:
  • Shaomin Li

    (Old Dominion University)

  • Ilan Alon

    (University of Agder)

Abstract

It is well recognized that intellectual property rights (IPR) violations are at the heart of the economic conflict with China. Little agreement, however, exists about the origin and solutions for this provocation. Broadly speaking, two prescriptions have been proposed: the natural evolutionary and the rule of law views. While both have merits and add to our understanding, they do not go far enough to address the more fundamental IPR policy issue: China has benefited from a rule of law overseas and a rule through law at home, manufacturing unfair advantage to its firms, many of which are owned and/or influenced by the government. While recognizing China’s recent effort in improving IPR protection, we point out the intrinsic contradiction in the political economy of China between maintaining the one-party rule, on the one hand, and protecting IPR by an independent court, on the other. Understanding this tension in the application of IPR law can help the international community search for more effective policy options.

Suggested Citation

  • Shaomin Li & Ilan Alon, 2020. "China’s intellectual property rights provocation: A political economy view," Journal of International Business Policy, Palgrave Macmillan, vol. 3(1), pages 60-72, March.
    • Handle: RePEc:pal:joibpo:v:3:y:2020:i:1:d:10.1057_s42214-019-00032-x
    DOI: 10.1057/s42214-019-00032-x
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    References listed on IDEAS

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    Cited by:

    1. Fon, Roger & Alon, Ilan, 2022. "Governance, foreign aid, and Chinese foreign direct investment," LSE Research Online Documents on Economics 113678, London School of Economics and Political Science, LSE Library.
    2. Dan Prud’homme & Tony W. Tong & Nianchen Han, 2021. "A stakeholder-based view of the evolution of intellectual property institutions," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 52(4), pages 773-802, June.
    3. Dylan Sutherland & John Anderson & Nicholas Bailey & Ilan Alon, 0. "Policy, institutional fragility, and Chinese outward foreign direct investment: An empirical examination of the Belt and Road Initiative," Journal of International Business Policy, Palgrave Macmillan, vol. 0, pages 1-24.
    4. Ilan Alon & Matthew Farrell & Shaomin Li, 2020. "Regime Type and COVID-19 Response," FIIB Business Review, , vol. 9(3), pages 152-160, September.
    5. Minyuan Zhao, 2020. "China’s intellectual property rights policies: A strategic view," Journal of International Business Policy, Palgrave Macmillan, vol. 3(1), pages 73-77, March.
    6. Cao, Mingchun & Alon, Ilan, 2021. "Overcoming the liability of foreignness – A new perspective on Chinese MNCs," Journal of Business Research, Elsevier, vol. 128(C), pages 611-626.
    7. Dylan Sutherland & John Anderson & Nicholas Bailey & Ilan Alon, 2020. "Policy, institutional fragility, and Chinese outward foreign direct investment: An empirical examination of the Belt and Road Initiative," Journal of International Business Policy, Palgrave Macmillan, vol. 3(3), pages 249-272, September.
    8. Christoph Mödlhamer, 2020. "Innovativeness and the design of intellectual property rights in preferential trade agreements: A refinement of the North–South explanation," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 329-348, December.
    9. Fei Yu & Yanrui Wu & Jin Chen & Arie Lewin, 2022. "Technological Leapfrogging and Strategic Patent Policy," Economics Discussion / Working Papers 22-17, The University of Western Australia, Department of Economics.

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