Enforcement, Economics and Estimates
Peter K. Yu
Texas A&M University School of Law
November 8, 2011
WIPO Journal, Vol. 2, pp. 1-19, 2010
Drake University Law School Research Paper No. 11-27
This article focuses on intellectual property enforcement, a topic that is of great importance to both developed and less developed countries. It begins by refuting the simple, and often politically motivated, claim that many countries fail to provide effective intellectual property enforcement by virtue of their lack of political will. Drawing on the latest economic literature, this article shows that high enforcement standards come with a hefty price tag and difficult trade-offs.
The article then outlines the challenges in measuring the cross-border economic impact of piracy and counterfeiting. As an illustration, the article discusses the ongoing effort by the US International Trade Commission to measure the economic impact of intellectual property infringement in China on the US economy.
The article concludes with an analysis of the various metrics that can be or have been used to develop cross-country comparative analyses. It highlights the continuous disagreement across nations over what metrics should be used. It also suggests new areas researchers can explore in their continuous search for a set of mutually satisfactory metrics that advance the international intellectual property enforcement debate.
Number of Pages in PDF File: 20
Date posted: November 19, 2010 ; Last revised: November 9, 2011
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