IDEAS home Printed from https://ideas.repec.org/a/pal/palcom/v11y2024i1d10.1057_s41599-024-04156-1.html
   My bibliography  Save this article

What mode is conducive to an effective regional IP regime? Evidence from intellectual property courts in China

Author

Listed:
  • Lin Zou

    (Shanghai University of Engineering Science
    Heidelberg University)

  • Yiwen Zhu

    (East China Normal University)

Abstract

Amid a patent boom and increase in patent infringement cases, China is a fast-growing catch-up country in the intellectual property (IP) regime, with arguments on effectiveness and standardization. In 2014, China installed three intellectual property courts (IPCs) in Beijing, Shanghai, and Guangzhou. This reform represents a crucial step in a series of reforms and actions that seek to establish a uniform and standardized judicial IP regime in China. Based on interviews, statistical reports, and an analysis of judicial documents, this study argues that the interpretation and execution of IP law vary across the three locations due to the embeddedness of those courts and their judges in the regions. Indications that the regional setting and presence of international firms affect the efficient proceedings of IP tribunals and courts were found as a result. Given that IP law is the same all over a country, it can be concluded that courts balance national regulation and regional realities.

Suggested Citation

  • Lin Zou & Yiwen Zhu, 2024. "What mode is conducive to an effective regional IP regime? Evidence from intellectual property courts in China," Palgrave Communications, Palgrave Macmillan, vol. 11(1), pages 1-10, December.
    • Handle: RePEc:pal:palcom:v:11:y:2024:i:1:d:10.1057_s41599-024-04156-1
    DOI: 10.1057/s41599-024-04156-1
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1057/s41599-024-04156-1
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1057/s41599-024-04156-1?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Kenneth Guang-Lih Huang & Xuesong Geng & Heli Wang, 2017. "Institutional Regime Shift in Intellectual Property Rights and Innovation Strategies of Firms in China," Organization Science, INFORMS, vol. 28(2), pages 355-377, April.
    2. Pengfei Li & Harald Bathelt, 2021. "Spatial Knowledge Strategies: An Analysis of International Investments Using Fuzzy Set Qualitative Comparative Analysis (fsQCA)," Economic Geography, Taylor & Francis Journals, vol. 97(4), pages 366-389, August.
    3. Daron Acemoglu & Simon Johnson & James A. Robinson, 2001. "The Colonial Origins of Comparative Development: An Empirical Investigation," American Economic Review, American Economic Association, vol. 91(5), pages 1369-1401, December.
    4. Stefan Voigt, 2016. "Determinants of judicial efficiency: a survey," European Journal of Law and Economics, Springer, vol. 42(2), pages 183-208, October.
    5. Covin, Jeffrey G. & Eggers, Fabian & Kraus, Sascha & Cheng, Cheng-Feng & Chang, Man-Ling, 2016. "Marketing-related resources and radical innovativeness in family and non-family firms: A configurational approach," Journal of Business Research, Elsevier, vol. 69(12), pages 5620-5627.
    6. Ragin, Charles C., 2006. "Set Relations in Social Research: Evaluating Their Consistency and Coverage," Political Analysis, Cambridge University Press, vol. 14(3), pages 291-310, July.
    7. Lee G. Branstetter & Raymond Fisman & C. Fritz Foley, 2006. "Do Stronger Intellectual Property Rights Increase International Technology Transfer? Empirical Evidence from U. S. Firm-Level Panel Data," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 121(1), pages 321-349.
    8. Marius Zipf & Johannes Glückler & Tamar Khuchua & Emmanuel Lazega & François Lachapelle & Jakob Hoffmann, 2023. "The Judicial Geography of Patent Litigation in Germany: Implications for the Institutionalization of the European Unified Patent Court," Social Sciences, MDPI, vol. 12(5), pages 1-17, May.
    9. Pamela S. Tolbert & Robert J. David & Wesley D. Sine, 2011. "Studying Choice and Change: The Intersection of Institutional Theory and Entrepreneurship Research," Organization Science, INFORMS, vol. 22(5), pages 1332-1344, October.
    10. Huang, Can, 2017. "Recent Development of the Intellectual Property Rights System in China and Challenges Ahead," Management and Organization Review, Cambridge University Press, vol. 13(1), pages 39-48, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kenneth Guang-Lih Huang & Xuesong Geng & Heli Wang, 2017. "Institutional Regime Shift in Intellectual Property Rights and Innovation Strategies of Firms in China," Organization Science, INFORMS, vol. 28(2), pages 355-377, April.
    2. Tobias Steindl, 2021. "Cultural rule orientation, legal institutions, and the credibility of corporate social responsibility reports," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 28(1), pages 310-332, January.
    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. Zoltán J. Ács & Mark Sanders, 2015. "Patents, knowledge spillovers, and entrepreneurship," Chapters, in: Global Entrepreneurship, Institutions and Incentives, chapter 11, pages 195-212, Edward Elgar Publishing.
    5. Huang, Kenneth Guang-Lih & Huang, Can & Shen, Huijun & Mao, Hao, 2021. "Assessing the value of China's patented inventions," Technological Forecasting and Social Change, Elsevier, vol. 170(C).
    6. Andreea Apetrei & José Luis Sánchez-García & Juan Sapena, 2019. "The controversial link between entrepreneurial activity and inequality," International Entrepreneurship and Management Journal, Springer, vol. 15(2), pages 485-502, June.
    7. Hsu, Po-Hsuan & Huang, Peng & Humphery-Jenner, Mark & Powell, Ronan, 2021. "Cross-border mergers and acquisitions for innovation," Journal of International Money and Finance, Elsevier, vol. 112(C).
    8. Amelia U. Santos-Paulino & Mariagrazia Squicciarini & Peilei Fan, 2008. "R&D (Re)location: A Bird's Eye (Re)view," WIDER Working Paper Series RP2008-100, World Institute for Development Economic Research (UNU-WIDER).
    9. Svetlana Avdasheva & Svetlana Golovanova & Elena Sidorova, 2022. "Does judicial effort matter for quality? Evidence from antitrust proceedings in Russian commercial courts," European Journal of Law and Economics, Springer, vol. 53(3), pages 425-450, June.
    10. Donges, Alexander & Selgert, Felix, 2019. "The Consequences of Radical Patent-Regime Change," VfS Annual Conference 2019 (Leipzig): 30 Years after the Fall of the Berlin Wall - Democracy and Market Economy 203662, Verein für Socialpolitik / German Economic Association.
    11. Sascha Kraus & Domingo Ribeiro-Soriano & Miriam Schüssler, 2018. "Fuzzy-set qualitative comparative analysis (fsQCA) in entrepreneurship and innovation research – the rise of a method," International Entrepreneurship and Management Journal, Springer, vol. 14(1), pages 15-33, March.
    12. Arza, Valeria & López, Andrés & Montes-Rojas, Gabriel & Pascuini, Paulo, 2023. "In the name of TRIPS: The impact of IPR harmonisation on patent activity in Latin America," Research Policy, Elsevier, vol. 52(6).
    13. Silvia Rita Sedita & Silvia Blasi & Jiawen Yang, 2022. "The cultural dimensions of sustainable development: A cross‐country configurational analysis," Sustainable Development, John Wiley & Sons, Ltd., vol. 30(6), pages 1838-1849, December.
    14. Deng, Wei & Liang, Qiao Zhuan & Fan, Pei Hua, 2019. "Complements or substitutes? Configurational effects of entrepreneurial activities and institutional frameworks on social well-being," Journal of Business Research, Elsevier, vol. 96(C), pages 194-205.
    15. 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).
    16. Wang, Molin & Yan, Haifeng & Ciabuschi, Francesco & Su, Cong, 2023. "Facilitator or inhibitor? The effect of host-country intellectual property rights protection on China’s technology-driven acquisitions," International Business Review, Elsevier, vol. 32(6).
    17. Endres Ahmed Mohammed, 2020. "Effect of Institutional Pillars on Small and Micro Enterprises Firm Performance in Ethiopia," International Review of Management and Marketing, Econjournals, vol. 10(2), pages 56-67.
    18. Vieira, Flávio & MacDonald, Ronald & Damasceno, Aderbal, 2012. "The role of institutions in cross-section income and panel data growth models: A deeper investigation on the weakness and proliferation of instruments," Journal of Comparative Economics, Elsevier, vol. 40(1), pages 127-140.
    19. Heineck, Guido & Süssmuth, Bernd, 2013. "A different look at Lenin’s legacy: Social capital and risk taking in the Two Germanies," Journal of Comparative Economics, Elsevier, vol. 41(3), pages 789-803.
    20. Jeffrey Frankel, 2014. "Mauritius: African Success Story," NBER Chapters, in: African Successes, Volume IV: Sustainable Growth, pages 295-342, National Bureau of Economic Research, Inc.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pal:palcom:v:11:y:2024:i:1:d:10.1057_s41599-024-04156-1. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: https://www.nature.com/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.