On patent legislation, patent enforcement and economic growth: empirical evidence from developed and developing countries

This study investigates the long-term effects of national patent legislation and enforcement systems on the economic development of 42 countries. The econometric methodology that has been adopted involves the estimation of three different models, namely, the pooled, the fixed effects and the random effects models whilst the specification of the economic development regressions is a variant of the standard growth specifications encountered in relevant studies. The empirical analysis is conducted in the context of the time period following the imposition of trade-related aspects of intellectual property rights (TRIPs). The results show that the extension and strengthening of patent legislation resulting from TRIPs have had a negative impact on economic development. In contrast, stronger levels of patent enforcement have had a positive effect overall and particularly for developing economies while negative for developed economies

The effect of patent enforcement strength and FDI on economic growth

Purpose This paper aims to study the effects of the strength of patent enforcement on economic growth following the signing of the agreement on Trade-Related Aspects of Intellectual Property Rights and the role of inward foreign direct investment (FDI) flows in mediating and enhancing this relationship. Design/methodology/approach Following a generalized method of moments methodology, use is made of a new longitudinal index measuring the strength of enforcement-related aspects of patent systems. Findings Stronger levels of patent enforcement have a significant positive effect on the economic growth of both developed and developing countries. Importantly, inward FDI flows have a mediating role in positively boosting this effect for all countries and particularly for developed countries. Originality/value This is the first empirical study of the role of the strength of patent enforcement (“law in action”) in stimulating economic growth, as previous empirical studies have focused on the effect of the strength of patent law protection (“law on the books”). The failure in the past to allow for “law in action” was mainly due to the lack of available data that could proxy for the strength of patent enforcement levels in a country. This study utilizes a newly published, longitudinal index that captures the strength of the enforcement-related aspects of patent systems

Factors contributing to the strength of national patent protection and enforcement after TRIPS

YesIn this paper we study the determinants of the strength of patent enforcement in 43 member countries of the World Trade Organization (WTO) between 1998 and 2011, a period after the signing of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. We do so by building on and expanding the seminal work of Ginarte and Park (1997) on the pre-TRIPS determinants of patent rights in the years 1960-1990. We find that in the years after TRIPS was signed, the strength of patent enforcement of a country is positively determined by two variables that signify the usage of the patent and intellectual property system, and the number of patent and trademark applications. We also find that the level of research and development expenditure, the quality of human capital, and the level of development of a country have positive effects on the strength of the enforcement of patent law in practice. Intellectual property rights enforcement is one of the key investment-related policies included in the United Nations Conference on Trade and Development (UNCTAD) Investment Policy Framework for Sustainable Development. Identifying the determinants of strong patent systems will help policymakers at the national and supranational levels to design and implement effective policies that strengthen national patent systems, thereby enhancing economic benefits such as greater levels of commercialization of intangible assets and greater levels of international trade and investment

Intellectual property rights and innovation: A panel analysis

YesWe investigate the relationship between intellectual property rights (IPR) and innovation, for a panel of 48 countries between 1998-2011. Prior empirical studies mainly focus on strength of patent regulations largely ignoring the enforcement of such laws in practice. We employ a new index that accounts for the enforcement related component of the patent system and the Ginarte and Park (1997) index of patent regulatory strength. We thus include two crucial elements of a national patent system, the de jure position relating to book law and IPR regulations, and the de facto position relating to IPR enforcement. We consider nonlinearities between IPR and innovation, and we find that both nonlinearities and the enforcement aspect are significant in explaining the relationship between innovation and IPR systems

The effect of European intellectual property institutions on Chinese outward Foreign Direct Investment

This study examines the role of the strength of the Intellectual Property (IP) institutions of 23 European countries in attracting Chinese Outward Foreign Direct Investment (OFDI) during the time period 2003–2015. Following a dynamic panel data analysis methodology, we find that the strength of IP institutions has a positive effect in attracting higher levels of OFDI from China. This is an important finding for the OFDI literature from emerging markets, since previous studies have researched this relationship from the OFDI perspective of developed countries. However, we also find a weak indication of a potential U-shaped relationship between the strength of IP institutions and Chinese OFDI. To better understand this relationship, we interact a European country's membership in the Former Eastern Bloc (FEB) with the strength of IP institutions and find a negative moderating effect. We therefore find that when investing in FEB countries, Chinese firms are attracted to weaker levels of IP institutional strength. The results of this study have important implications for future studies on the determinants of OFDI from emerging markets, as well as for European and Chinese businesses and policy-makers concerning the importance of IP institutional strength

The Effect of International Intellectual Property Rights Protection and Enforcement on International Business Activity; The case of licensing

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Patent Enforcement Across 51 Countries - Patent Enforcement Index 1998-2017

Indices are central for comparing the strength of patent systems across countries in international business research, intellectual property management and policymaking. However, existing approaches rely on book laws while most variance across countries emerges from enforcement. We address this weakness and present the Patent Enforcement Index which tracks differences in patent enforcement for 51 countries between 1998 and 2017. We utilize novel firm-level enforcement data and extend the conceptual framework of the patent systems strength index provided by Papageorgiadis et al. (2014). The new index reveals previously uncaptured volatility in patent enforcement and can be decomposed into three topical sub-indices