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Cross-border intellectual property rights: contract enforcement and absorptive capacity

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  • A. Naghavi
  • Y. Tsai

Abstract

This paper studies cross-border intellectual property rights (IPR) as a North-South contract using a Nash bargaining approach and distinguishes between the outcome and its actual enforcement. The absorptive capacity of the Southern country to exploit technology transfer plays a key role in the negotiated level of IPRs and its post-treaty enforcement. The optimal level of IPR protection relates positively to absorptive capacity. This provides a rationale for the longer time-frame provided to least developed countries in Article 66 of TRIPS to implement its provisions. In addition, monitoring is only effective in preventing contract violation up to a critical level of absorptive capacity. We relate this to the US Trade Representative “Special 301” report, which flags countries that deny adequate IPR protection as “priority watch list”. While disputes with less developed economies are promptly resolved, emerging economies, where most losses from copyright piracy originates from, continue to remain on the list.

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Paper provided by Dipartimento Scienze Economiche, Universita' di Bologna in its series Working Papers with number wp809.

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Date of creation: Feb 2012
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Handle: RePEc:bol:bodewp:wp809

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  1. Sanjaya Lall and Manuel Albaladejo, . "Indicators of the Relative Importance of IPRs In Developing Countries," QEH Working Papers qehwps85, Queen Elizabeth House, University of Oxford.
  2. Grossman, Gene & Lai, Edwin, 2002. "International Protection of Intellectual Property," CEPR Discussion Papers, C.E.P.R. Discussion Papers 3118, C.E.P.R. Discussion Papers.
  3. Glass, Amy Jocelyn & Saggi, Kamal, 2002. "Intellectual property rights and foreign direct investment," Journal of International Economics, Elsevier, Elsevier, vol. 56(2), pages 387-410, March.
  4. Zigic, Kresimir, 2000. "Strategic trade policy, intellectual property rights protection, and North-South trade," Journal of Development Economics, Elsevier, Elsevier, vol. 61(1), pages 27-60, February.
  5. Eric P. Chiang, 2004. "Determinants of Cross-Border Intellectual Property Rights Enforcement: The Role of Trade Sanctions," Southern Economic Journal, Southern Economic Association, vol. 71(2), pages 424-440, October.
  6. Zigic, Kresimir, 1998. "Intellectual property rights violations and spillovers in North-South trade," European Economic Review, Elsevier, Elsevier, vol. 42(9), pages 1779-1799, November.
  7. Suzanne Scotchmer, 2002. "The Political Economy of Intellectual Property Treaties," Industrial Organization, EconWPA 0201004, EconWPA.
  8. M. Scott Taylor, 1993. "TRIPS, Trade, and Technology Transfer," Canadian Journal of Economics, Canadian Economics Association, vol. 26(3), pages 625-37, August.
  9. Alireza Naghavi, 2005. "Strategic Intellectual Property Rights Policy and North-South Technology Transfer," Working Papers, Fondazione Eni Enrico Mattei 2005.18, Fondazione Eni Enrico Mattei.
  10. Lapan, Harvey E. & Kim, Jeong Eon, 2006. "Heterogeneity of Southern Countries and Southern Intellectual Property Rights Policy," Staff General Research Papers 12549, Iowa State University, Department of Economics.
  11. Michelle Connolly & Diego Valderrama, 2005. "Implications of Intellectual Property Rights for Dynamic Gains from Trade," American Economic Review, American Economic Association, American Economic Association, vol. 95(2), pages 318-322, May.
  12. Alireza Naghavi & Dermot Leahy, 2006. "Intellectual Property Rights and Entry into a Foreign Market: FDI vs. Joint Ventures," Working Papers, Fondazione Eni Enrico Mattei 2006.97, Fondazione Eni Enrico Mattei.
  13. Yang, Guifang & Maskus, Keith E., 2001. "Intellectual property rights, licensing, and innovation in an endogenous product-cycle model," Journal of International Economics, Elsevier, Elsevier, vol. 53(1), pages 169-187, February.
  14. James R. Markusen, 1998. "Contracts, Intellectual Property Rights, and Multinational Investment in Developing Countries," NBER Working Papers 6448, National Bureau of Economic Research, Inc.
  15. Vishwasrao, Sharmila, 1994. "Intellectual property rights and the mode of technology transfer," Journal of Development Economics, Elsevier, Elsevier, vol. 44(2), pages 381-402, August.
  16. Smarzynska, Beata K., 2002. "The composition of foreign direct investment and protection of intellectual property rights : evidence from transition economies," Policy Research Working Paper Series 2786, The World Bank.
  17. Deardorff, Alan V, 1992. "Welfare Effects of Global Patent Protection," Economica, London School of Economics and Political Science, London School of Economics and Political Science, vol. 59(233), pages 35-51, February.
  18. Dyuti Banerjee, 2011. "On the sufficiency of regulatory enforcement in combating piracy," Journal of Regulatory Economics, Springer, Springer, vol. 40(2), pages 160-176, October.
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