An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries

37 Pages Posted: 6 Oct 2013

See all articles by Jean-Frederic Morin

Jean-Frederic Morin

Université Laval - Departement de Science Politique

E. Richard Gold

McGill University - Faculty of Law

Date Written: October 3, 2013

Abstract

Why do some countries adopt exogenous rules into their domestic law when those laws do not align with the country’s specific interests? This article draws on the policy diffusion literature to identify four causal mechanisms that are hypothesized to give rise to those transplants in the case of asymmetric interests. While the literature presents these mechanisms independently, this article argues that each works in combination with the others to facilitate legal transplantation. The empirical demonstration is based on a quantitative analysis of legal transplants in the field of intellectual property (IP), and incorporates an original index of IP protection in 121 developing countries over 14 years. Our results suggest that, while one mechanism – coercion – is instrumental in initiating the transplantation process, it fades over time and is largely supplanted by three others: contractualization, socialization and regulatory competition acting in a mutually supportive manner. This article concludes with a plea for theoretical eclecticism, acknowledging multi-causality and context-conditionality. Any comprehensive explanation of legal transplantation must include the identification of mutual reinforcement between causal mechanisms, rather than simply ranking their relative contributions.

Suggested Citation

Morin, Jean-Frederic and Gold, E. Richard, An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries (October 3, 2013). Available at SSRN: https://ssrn.com/abstract=2335531 or http://dx.doi.org/10.2139/ssrn.2335531

Jean-Frederic Morin (Contact Author)

Université Laval - Departement de Science Politique ( email )

Ste-Foy, Quebec G1K 7P4
Canada

HOME PAGE: http://https://ulaval.academia.edu/JeanFredericMorin

E. Richard Gold

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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