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Intellectual property law, technology flow and licensing opportunities in the People's Republic of China

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  • Bosworth, Derek
  • Yang, Deli

Abstract

This study explores the interrelationship between intellectual property (IP) law and technology transfer via licensing activity in China. In the absence of patent, trademark, design and utility model laws, and their effective enforcement, advanced country firms will be rarely willing to license technology to developing countries. The enactment and enforcement of such laws in developing countries, therefore, should result in greater international IP flows from advanced nation firms seeking to exploit market opportunities by exporting, licensing and direct foreign investment. Within just 20 years, China has moved from viewing IP as public property to having in place a raft of modern IP legislation. We relate these changes to the upsurge in IP activity in China since 1985, both in aggregate and by country of origin, and to technology flows from Japan and the USA. We then discuss remaining weaknesses in China's legislative framework and enforcement procedures.

Suggested Citation

  • Bosworth, Derek & Yang, Deli, 2000. "Intellectual property law, technology flow and licensing opportunities in the People's Republic of China," International Business Review, Elsevier, vol. 9(4), pages 453-477, August.
    • Handle: RePEc:eee:iburev:v:9:y:2000:i:4:p:453-477
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    Citations

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    Cited by:

    1. Eberhard Feess & Michael Hoeck & Oliver Lorz, 2009. "International Technology Transfers and Competition," Review of International Economics, Wiley Blackwell, vol. 17(5), pages 1038-1052, November.
    2. Yan Yan & Jiatao Li & Jingjing Zhang, 2022. "Protecting intellectual property in foreign subsidiaries: An internal network defense perspective," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 53(9), pages 1924-1944, December.
    3. Yang, Deli, 2007. "The impact of business environments on software piracy," Technology in Society, Elsevier, vol. 29(1), pages 121-141.
    4. Yang, Deli & Fryxell, Gerald E. & Sie, Agnes K.Y., 2008. "Anti-piracy effectiveness and managerial confidence: Insights from multinationals in China," Journal of World Business, Elsevier, vol. 43(3), pages 321-339, July.
    5. Liegsalz, Johannes & Wagner, Stefan, 2013. "Patent examination at the State Intellectual Property Office in China," Research Policy, Elsevier, vol. 42(2), pages 552-563.
    6. Lian, Xiangpeng & Guo, Ying & Su, Jun, 2021. "Technology stocks: A study on the characteristics that help transfer public research to industry," Research Policy, Elsevier, vol. 50(10).
    7. Yanling Zhu, 2023. "The Greater Bay Area: film festivals as platforms for cultural diplomacy," Place Branding and Public Diplomacy, Palgrave Macmillan, vol. 19(3), pages 335-344, September.
    8. Yang, Deli, 2019. "National treatment, institutions and IP uncertainties: An analytics of compliance, change and comparability," International Business Review, Elsevier, vol. 28(5), pages 1-1.
    9. Olga Petricevic & David J Teece, 2019. "The structural reshaping of globalization: Implications for strategic sectors, profiting from innovation, and the multinational enterprise," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 50(9), pages 1487-1512, December.
    10. Linda Yueh, 2010. "The Economy of China," Books, Edward Elgar Publishing, number 3705.
    11. Marcus M. Keupp & Angela Beckenbauer & Oliver Gassmann, 2010. "Enforcing Intellectual Property Rights in Weak Appropriability Regimes," Management International Review, Springer, vol. 50(1), pages 109-130, February.
    12. Xu Sun & Xiaosong Zhou & Qingfeng Wang & Pinyan Tang & Effie Lai-Chong Law & Sue Cobb, 2021. "Understanding attitudes towards intellectual property from the perspective of design professionals," Electronic Commerce Research, Springer, vol. 21(2), pages 521-543, June.
    13. Yang, Deli & Sonmez, Mahmut (Maho), 2018. "Global norm of national treatment for patent uncertainties: A longitudinal comparison between the US and China," Journal of World Business, Elsevier, vol. 53(2), pages 164-176.
    14. Fetscherin, Marc & Voss, Hinrich & Gugler, Philippe, 2010. "30 Years of foreign direct investment to China: An interdisciplinary literature review," International Business Review, Elsevier, vol. 19(3), pages 235-246, June.
    15. Yang, Deli, 2005. "Culture matters to multinationals' intellectual property businesses," Journal of World Business, Elsevier, vol. 40(3), pages 281-301, August.
    16. Yang, Deli & Sonmez, Mahmut, 2013. "Integration and divergence of patent systems across national and international institutions," Journal of World Business, Elsevier, vol. 48(4), pages 527-538.
    17. Qingfeng Wang & Xu Sun, 2019. "Exploring Chinese Design Business Owners’ Attitudes Towards Intellectual Property Rights," International Journal of Innovation Management (ijim), World Scientific Publishing Co. Pte. Ltd., vol. 23(06), pages 1-24, August.
    18. De Clercq, Dirk & Meuleman, Miguel & Wright, Mike, 2012. "A cross-country investigation of micro-angel investment activity: The roles of new business opportunities and institutions," International Business Review, Elsevier, vol. 21(2), pages 117-129.
    19. Newburry, William & Zeira, Yoram & Yeheskel, Orly, 2003. "Autonomy and effectiveness of equity international joint ventures (IJVs) in China," International Business Review, Elsevier, vol. 12(4), pages 395-419, August.
    20. Yang, Deli, 2008. "Pendency and grant ratios of invention patents: A comparative study of the US and China," Research Policy, Elsevier, vol. 37(6-7), pages 1035-1046, July.
    21. Lichtenthaler, Ulrich, 2009. "Product business, foreign direct investment, and licensing: Examining their relationships in international technology exploitation," Journal of World Business, Elsevier, vol. 44(4), pages 407-420, October.

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