Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China
This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Chapter 1: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears overhyped by some sources. Chapter 2: There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. Chapter 3: China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardisation approaches; and a wide range of others. Chapter 4: There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.
|Date of creation:||Aug 2012|
|Date of revision:||Dec 2012|
|Publication status:||Published in European Union Chamber of Commerce in China Publications August 2012.1(2012): pp. 1-229|
|Contact details of provider:|| Postal: Ludwigstraße 33, D-80539 Munich, Germany|
Web page: https://mpra.ub.uni-muenchen.de
More information through EDIRC
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.:
- Alberto Galasso & Mark Schankerman & Carlos J. Serrano, 2011.
"Trading and Enforcing Patent Rights,"
NBER Working Papers
17367, National Bureau of Economic Research, Inc.
- Galasso, Alberto & Schankerman, Mark & Serrano, Carlos, 2011. "Trading and Enforcing Patent Rights," CEPR Discussion Papers 8573, C.E.P.R. Discussion Papers.
- Alberto Galasso & Mark Schankerman & Carlos J. Serrano, 2011. "Trading and Enforcing Patent Rights," CEP Discussion Papers dp1072, Centre for Economic Performance, LSE.
- Sourafel Girma & Yundan Gong, 2008. "FDI, Linkages and the Efficiency of State-Owned Enterprises in China," Journal of Development Studies, Taylor & Francis Journals, vol. 44(5), pages 728-749.
- Danguy Jérôme & van Pottelsberghe de la Potterie Bruno, 2011. "Cost-Benefit Analysis of the Community Patent," Journal of Benefit-Cost Analysis, De Gruyter, vol. 2(2), pages 1-43, April.
- Danguy, Jérôme & van Pottelsberghe de la Potterie, Bruno, 2011. "Cost-Benefit Analysis of the Community Patent," Journal of Benefit-Cost Analysis, Cambridge University Press, vol. 2(02), pages 1-43, April.
- Bruno van Pottelsberghe & Jérôme Danguy, 2009. "Cost Benefit Analysis of the Community Patent," Working Papers 366, Bruegel.
- Danguy, Jérôme & van Pottelsberghe de la Potterie, Bruno, 2010. "Cost-Benefit Analysis of the Community Patent," CEPR Discussion Papers 7631, C.E.P.R. Discussion Papers.
- Jérôme Danguy & Bruno Van Pottelsberghe, 2011. "Cost-Benefit Analysis of the Community Patent," ULB Institutional Repository 2013/101071, ULB -- Universite Libre de Bruxelles.
- Lall, Sanjaya, 2003. "Indicators of the relative importance of IPRs in developing countries," Research Policy, Elsevier, vol. 32(9), pages 1657-1680, October.
- Sanjaya Lall and Manuel Albaladejo, "undated". "Indicators of the Relative Importance of IPRs In Developing Countries," QEH Working Papers qehwps85, Queen Elizabeth House, University of Oxford.
- Yu, Tony Fu-Lai, 1998. "Adaptive entrepreneurship and the economic development of Hong Kong," World Development, Elsevier, vol. 26(5), pages 897-911, May.
- Sourafel Girma & Yundan Gong & Holger Gˆrg & Zhihong Yu, 2009. "Can Production Subsidies Explain China's Export Performance? Evidence from Firm-level Data," Scandinavian Journal of Economics, Wiley Blackwell, vol. 111(4), pages 863-891, December.
- Girma, Sourafel & Gong, Yundan & Görg, Holger & Yu, Zhihong, 2008. "Can production subsidies explain China's export performance? Evidence from firm level data," Kiel Working Papers 1442, Kiel Institute for the World Economy (IfW).
- Markus Eberhardt & Christian Helmers & Zhihong Yu, "undated". "Is the Dragon Learning to Fly? An Analysis of the Chinese Patent Explosion," Discussion Papers 11/16, University of Nottingham, GEP.
- Markus Eberhardt & Christian Helmers & Zhihong Yu, 2011. "Is the Dragon Learning to Fly? An Analysis of the Chinese Patent Explosion," CSAE Working Paper Series 2011-15, Centre for the Study of African Economies, University of Oxford.
- Chen, Kun & Kenney, Martin, 2007. "Universities/Research Institutes and Regional Innovation Systems: The Cases of Beijing and Shenzhen," World Development, Elsevier, vol. 35(6), pages 1056-1074, June.
- Braga, C.A.P. & Fink, C. & Sepulveda, C.P., 2000. "Intellectual Property Rights and Economic Development," World Bank - Discussion Papers 412, World Bank.
- Marco, Alan C., 2007. "The dynamics of patent citations," Economics Letters, Elsevier, vol. 94(2), pages 290-296, February.
- Marco, Alan C., 2006. "The dynamics of patent citations," Vassar College Department of Economics Working Paper Series 84, Vassar College Department of Economics.
- Bruun, Peter & Bennett, David, 2002. "Transfer of Technology to China: : A Scandinavian and European Perspective," European Management Journal, Elsevier, vol. 20(1), pages 98-106, February.
- Kirkpatrick, Colin & Raihan, Selim & Bleser, Adam & Prud'homme, Dan & Mayrand, Karel & Morin, Jean Frederic & Pollitt, Hector & Hinojosa, Leonith & Williams, Michael, 2011. "Trade sustainability impact assessment (SIA) on the comprehensive economic and trade agreement (CETA) between the EU and Canada: Final report," MPRA Paper 28812, University Library of Munich, Germany.
- Girma, Sourafel & Gong, Yundan, 2008. "Putting people first? Chinese state-owned enterprises' adjustment to globalisation," International Journal of Industrial Organization, Elsevier, vol. 26(2), pages 573-585, March. Full references (including those not matched with items on IDEAS)
When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:43299. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Joachim Winter)
If references are entirely missing, you can add them using this form.