Cross-sectoral differences in intellectual property enforcement in developing countries: The role of state-industry linkages

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4 Citations (Scopus)

Abstract

Leading developing countries have recently introduced some reforms in their national intellectual property regimes to harmonize them with international treaties and agreements. However, major differences remain in how these laws are applied to different information industries, and how they are enforced on the ground. While intellectual property law applies to a host of information products ranging from music to computer programs, governments have selectively enforced the law in some information industries, while neglecting to extend the same protection to others. Based on the comparative institutionalist approach, this article identifies two variables - state-industry linkages and level of innovative activity - that may explain the selective enforcement of intellectual property law. Intellectual property rights were expected to be better protected in information industries with strong state-industry linkages and higher levels of domestic innovation. This expectation was tested through a comparative study of four intellectual property industries from the Asian region. The results confirmed the expectation, but also demonstrated that strong state-industry linkages may independently correlate with high levels of intellectual property protection, even in industries where the current levels of innovative activity are low.

Original languageEnglish (US)
Pages (from-to)155-169
Number of pages15
JournalInformation Society
Volume19
Issue number2
DOIs
StatePublished - Apr 1 2003

Fingerprint

Intellectual property
intellectual property
Developing countries
developing country
information industry
industry
Industry
Law
international agreement
data processing program
Computer music
right of ownership
Enforcement
Linkage
Role of the state
International cooperation
music
innovation
Computer program listings
reform

All Science Journal Classification (ASJC) codes

  • Management Information Systems
  • Cultural Studies
  • Information Systems
  • Political Science and International Relations

Cite this

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abstract = "Leading developing countries have recently introduced some reforms in their national intellectual property regimes to harmonize them with international treaties and agreements. However, major differences remain in how these laws are applied to different information industries, and how they are enforced on the ground. While intellectual property law applies to a host of information products ranging from music to computer programs, governments have selectively enforced the law in some information industries, while neglecting to extend the same protection to others. Based on the comparative institutionalist approach, this article identifies two variables - state-industry linkages and level of innovative activity - that may explain the selective enforcement of intellectual property law. Intellectual property rights were expected to be better protected in information industries with strong state-industry linkages and higher levels of domestic innovation. This expectation was tested through a comparative study of four intellectual property industries from the Asian region. The results confirmed the expectation, but also demonstrated that strong state-industry linkages may independently correlate with high levels of intellectual property protection, even in industries where the current levels of innovative activity are low.",
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