Trademark Protection or Protectionism?
This paper explores the extent to which discrimination against foreign applicants in the trademark registration process can be used as a "behind-the-border" barrier to imports. Prima-facie evidence shows that in some developing countries the ratio of trademark registrations to applications is much higher for national than for foreign applicants, which is consistent with the notion of discrimination against foreign firms. A simple model is developed that suggests that incentives to discriminate are stronger when foreign firms manufacture products that are close in quality to the goods produced by domestic firms. This hypothesis is then tested and empirically confirmed in three of the four countries in our sample, suggesting that discretion and discrimination in the trademark registration process can sometimes be used as a protectionist tool. Copyright © 2006 The Authors; Journal compilation © 2006 Blackwell Publishing Ltd.
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Volume (Year): 15 (2007)
Issue (Month): 1 (02)
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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
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- Landes, William M & Posner, Richard A, 1987. "Trademark Law: An Economic Perspective," Journal of Law and Economics, University of Chicago Press, vol. 30(2), pages 265-309, October.
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- Eugenia Baroncelli & Carsten Fink & Beata Smarzynska Javorcik, 2005. "The Global Distribution of Trademarks: Some Stylised Facts," The World Economy, Wiley Blackwell, vol. 28(6), pages 765-782, 06.
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