IDEAS home Printed from
   My bibliography  Save this paper

Violación A Los Derechos De Propiedad Intelectual En America


  • Pablo Márquez-Escobar

    (U. Javeriana)


The violation of intellectual property rights (IPR) is a transnational economic and legal problem. This problem could have a solution path when we solve the question: ¿why there is violation of IPR? The main target of this paper is to solve the last question applied to IPR in Latin- America. In order to solve the question the author analyses how has evolved the economic theory of IPR violation showing that the traditional market variables do not fulfill the ways to explain the violation of IPR. That is why the author proposes that it is necessary to include in the economic explanation model the educational, cultural and institutional context which has not been taken in to account in order to build a coherent exposition of the problem. As a development of the theory, the author apply his theoretical assumption to the software copyrights. Then, the author demonstrates econometrically that it’s possible to build an alternative model to explain software piracy taking in to account the educational, cultural and institutional context. The results suggest that education, culture and institutions matter in the development of IPR protection policy, therefore the design of a country’s economic and legal policy must be subject to it’s educational, cultural and institutional context.

Suggested Citation

  • Pablo Márquez-Escobar, 2004. "Violación A Los Derechos De Propiedad Intelectual En America," Law and Economics 0402003, EconWPA.
  • Handle: RePEc:wpa:wuwple:0402003
    Note: Type of Document - pdf; prepared on Win XP; to print on Letter, any printer; pages: 94

    Download full text from publisher

    File URL:
    Download Restriction: no

    References listed on IDEAS

    1. Andrew Burke, 1996. "How effective are international copyright conventions in the music industry?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 20(1), pages 51-66, March.
    2. Guifang Yang & Maskus, Keith E., 2003. "Intellectual property rights, licensing, and innovation," Policy Research Working Paper Series 2973, The World Bank.
    3. Guifang Yang & Keith Maskus, 2001. "Intellectual property rights and licensing: An econometric investigation," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 137(1), pages 58-79, March.
    4. Smarzynska Javorcik, Beata, 2004. "The composition of foreign direct investment and protection of intellectual property rights: Evidence from transition economies," European Economic Review, Elsevier, vol. 48(1), pages 39-62, February.
    5. Maskus, Keith E. & Penubarti, Mohan, 1995. "How trade-related are intellectual property rights?," Journal of International Economics, Elsevier, vol. 39(3-4), pages 227-248, November.
    6. Barro, Robert J & Lee, Jong-Wha, 2001. "International Data on Educational Attainment: Updates and Implications," Oxford Economic Papers, Oxford University Press, vol. 53(3), pages 541-563, July.
    7. Ginarte, Juan C. & Park, Walter G., 1997. "Determinants of patent rights: A cross-national study," Research Policy, Elsevier, vol. 26(3), pages 283-301, October.
    8. Robert L Ostergard, 2000. "The Measurement of Intellectual Property Rights Protection," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 31(2), pages 349-360, June.
    9. Marron, Donald B & Steel, David G, 2000. "Which Countries Protect Intellectual Property? The Case of Software Piracy," Economic Inquiry, Western Economic Association International, vol. 38(2), pages 159-174, April.
    10. Silva, Francesco & Ramello, Giovanni B, 2000. "Sound Recording Market: The Ambiguous Case of Copyright and Piracy," Industrial and Corporate Change, Oxford University Press, vol. 9(3), pages 415-442, September.
    11. Ehrlich, Isaac, 1973. "Participation in Illegitimate Activities: A Theoretical and Empirical Investigation," Journal of Political Economy, University of Chicago Press, vol. 81(3), pages 521-565, May-June.
    Full references (including those not matched with items on IDEAS)

    More about this item


    law and economics; intellectual property; violation; culture; education; software;

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

    NEP fields

    This paper has been announced in the following NEP Reports:


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wpa:wuwple:0402003. 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: (EconWPA). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.