An Agenda for Radical Intellectual Property Reform

Author(s):  
William Kingston
Author(s):  
Michael D'Rosario

A number of studies have been conducted with regard to the economic impact of intellectual property reform on economic growth. Majority of these studies, particularly works of an empirical nature, have focused on highly industrialized economies, with the findings supporting the conclusion that intellectual property rights (IPRs) have been economically beneficial to industrialized economies. Little research has been conducted on the economic benefit of IPR within developing countries. The current study considers the impact of IPR within ASEAN member countries to determine whether reform activities have been beneficial to IPR activity. The findings are mixed, suggesting that for some categories of IPR, reform activities have been beneficial while in other instances, regulatory reforms have not had a discernable impact. Additionally, the findings also indicate that intellectual property reform, where effective has been most effective in generating additional intellectual property activity, as measured by intellectual property applications, amongst non-residents, rather than amongst domestic registrants. This finding supports the conclusion that reform activities have engendered confidence amongst foreign firms and foreign nationals.


2020 ◽  
Vol 8 (2) ◽  
pp. 435-449
Author(s):  
Raphaëlle P Soffe

Abstract The history of United States and Chinese intellectual property relations formally began with the signing of the Treaty as to Commercial Relations in 1903. The next three years saw the Chinese government frequently present revised versions of the 1903 Treaty’s implementation terms, with the 1905 Shangpu Draft responding to foreign merchant requests by removing its commitment to extraterritoriality—a regime whereby Western citizens in China were subject solely to the laws of their own country and not to Chinese laws. In this article, I document the intellectual property violations by Americans and Europeans in China, and how the legal case made by China for the removal of extraterritoriality, specifically for intellectual property violations, was a sign in itself that China was increasingly attentive to the mechanisms and constraints involved in legal reform. The collapse of the negotiations in 1906 would serve as a critical juncture in the commitment and interest of China to pursue intellectual property reform, with the US and China not signing another treaty concerning copyright until 1946. The refusal by the US to compromise on extraterritoriality contributed, in part, to the ‘four decades of inaction’ in intellectual property affairs.


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