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Are Foreigners Treated Equally under the Trade-Related Aspects of Intellectual Property Rights Agreement?

Author

Listed:
  • Gaétan de Rassenfosse
  • Paul H. Jensen
  • T’Mir Julius
  • Alfons Palangkaraya
  • Elizabeth Webster

Abstract

The Trade-Related Aspects of Intellectual Property Rights Agreement, administered by the World Trade Organization, ensures the smooth functioning of the international patent system. It promises among other things that local and foreign firms are treated in the same, nondiscriminatory manner. We test for whether the national treatment principle has been upheld in the five largest patent offices and document the existence of a systematic bias against foreign firms in patent examination decisions. We find that filing international patent applications under the Patent Cooperation Treaty can reduce some of the bias.

Suggested Citation

  • Gaétan de Rassenfosse & Paul H. Jensen & T’Mir Julius & Alfons Palangkaraya & Elizabeth Webster, 2019. "Are Foreigners Treated Equally under the Trade-Related Aspects of Intellectual Property Rights Agreement?," Journal of Law and Economics, University of Chicago Press, vol. 62(4), pages 663-685.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/705801
    DOI: 10.1086/705801
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    Cited by:

    1. Gaétan de Rassenfosse & Emilio Raiteri, 2022. "Technology Protectionism and the Patent System: Evidence from China," Journal of Industrial Economics, Wiley Blackwell, vol. 70(1), pages 1-43, March.
    2. Gaétan de Rassenfosse & Reza Hosseini, 2020. "Discrimination against foreigners in the U.S. patent system," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 349-366, December.
    3. Geng, Difei & Saggi, Kamal, 2022. "Tariff barriers and the protection of intellectual property in the global economy," European Economic Review, Elsevier, vol. 144(C).
    4. Gaétan de Rassenfosse & Reza Hosseini, 0. "Discrimination against foreigners in the U.S. patent system," Journal of International Business Policy, Palgrave Macmillan, vol. 0, pages 1-18.

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