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Judicial local protectionism in China: An empirical study of IP cases

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  • Long, Cheryl Xiaoning
  • Wang, Jun

Abstract

Based on an empirical study of intellectual property cases published in the Bulletin of the People's Supreme Court of China (the PSC) since 1985 as well as a large sample of intellectual property cases collected from five Chinese provinces filed during 1994–2009, this study finds that in first instance cases whether the plaintiff's residence coincides with the court's location has a positive and significant impact on whether the plaintiff gets a favorable ruling, after controlling for various plaintiff and defendant characteristics. As the findings are robust to various tests, they provide consistent evidence for the existence of judicial local protectionism in China.

Suggested Citation

  • Long, Cheryl Xiaoning & Wang, Jun, 2015. "Judicial local protectionism in China: An empirical study of IP cases," International Review of Law and Economics, Elsevier, vol. 42(C), pages 48-59.
    • Handle: RePEc:eee:irlaec:v:42:y:2015:i:c:p:48-59
    DOI: 10.1016/j.irle.2014.12.003
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    References listed on IDEAS

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    1. Bai, Chong-En & Tao, Zhigang & Tong, Yueting Sarah, 2008. "Bureaucratic integration and regional specialization in China," China Economic Review, Elsevier, vol. 19(2), pages 308-319, June.
    2. Dani Rodrik & Arvind Subramanian & Francesco Trebbi, 2004. "Institutions Rule: The Primacy of Institutions Over Geography and Integration in Economic Development," Journal of Economic Growth, Springer, vol. 9(2), pages 131-165, June.
    3. repec:wyi:journl:002260 is not listed on IDEAS
    4. Li, Hongbin & Zhou, Li-An, 2005. "Political turnover and economic performance: the incentive role of personnel control in China," Journal of Public Economics, Elsevier, vol. 89(9-10), pages 1743-1762, September.
    5. Sandra Poncet, 2005. "A Fragmented China: Measure and Determinants of Chinese Domestic Market Disintegration," Review of International Economics, Wiley Blackwell, vol. 13(3), pages 409-430, August.
    6. Robert E. Hall & Charles I. Jones, 1999. "Why do Some Countries Produce So Much More Output Per Worker than Others?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 114(1), pages 83-116.
    7. 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.
    8. Alwyn Young, 2000. "The Razor's Edge: Distortions and Incremental Reform in the People's Republic of China," NBER Working Papers 7828, National Bureau of Economic Research, Inc.
    9. Simon Johnson & John McMillan & Christopher Woodruff, 2000. "Entrepreneurs and the Ordering of Institutional Reform: Poland, Slovakia, Romania, Russia and Ukraine Compared," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 8(1), pages 1-36, March.
    10. Chow, Daniel C. K., 2003. "Organized crime, local protectionism, and the trade in counterfeit goods in China," China Economic Review, Elsevier, vol. 14(4), pages 473-484.
    11. Easterly, William & Levine, Ross, 2003. "Tropics, germs, and crops: how endowments influence economic development," Journal of Monetary Economics, Elsevier, vol. 50(1), pages 3-39, January.
    12. Cheryl Xiaoning Long, 2010. "Does the Rights Hypothesis Apply to China?," Journal of Law and Economics, University of Chicago Press, vol. 53(4), pages 629-650.
    13. Alwyn Young, 2000. "The Razor's Edge: Distortions and Incremental Reform in the People's Republic of China," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 115(4), pages 1091-1135.
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    3. 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).
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    5. Zhao, Da & Yu, Ao & Guo, Jingyuan, 2022. "Judicial institutions, local protection and market segmentation: Evidence from the establishment of interprovincial circuit tribunals in China," China Economic Review, Elsevier, vol. 75(C).
    6. Zhang, Yufei & Wang, Li & He, Tengjiao, 2024. "Can IP tribunals increase firm patent applications?—Empirical evidence from China," China Economic Review, Elsevier, vol. 87(C).
    7. Zheng, Panpan & Li, Zhen & Zhuang, Ziyin & Lin, Boyuan, 2024. "Judicial independence and growth investors' decisions," Finance Research Letters, Elsevier, vol. 62(PB).
    8. Huaxing Wang & Weiwei Li & Liangcong Fan & Yang Feng, 2025. "Does Digital Justice Contribute to Firm Innovation? Evidence from China’s Internet Courts," SAGE Open, , vol. 15(2), pages 21582440251, June.
    9. Tu, Hao & Yang, Shenggang & Dong, Minyi & Dai, Pengyi, 2025. "Judicial Independence and Corporate Total Factor Productivity: Evidence from provincial court centralization," Economic Analysis and Policy, Elsevier, vol. 87(C), pages 1946-1961.
    10. Dong, Nanyan & Zhang, Jiang & Xu, Xiangbing & Ou, Peiyu, 2026. "Judicial Independence and corporate labor investment: Evidence from China," Emerging Markets Review, Elsevier, vol. 70(C).
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    14. Zhan, Chaoqun & Qiao, Shitong, 2024. "Workload, legal doctrine, and judicial review in an authoritarian regime: A study of expropriation judgments in China," International Review of Law and Economics, Elsevier, vol. 80(C).
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