Blunting the Later-Mover Advantage: Intellectual Property and Knowledge Transfer

35 Pages Posted: 16 Jul 2019

See all articles by Irina D. Manta

Irina D. Manta

Hofstra University - Maurice A. Deane School of Law; St. John's University School of Law

Mattias Ottervik

Shandong University - School of Political Science and Public Administration; The Chinese University of Hong Kong (CUHK) - Department of Government & Public Administration

Date Written: July 15, 2019

Abstract

The United States followed a path of initially giving little protection to intellectual property (IP) so that the country could benefit from the IP of nations we term earlier-movers on the world stage of economic development. This symposium piece argues that Japan and China have been following a similar trajectory in their intellectual property laws while progressing on their own economic climb. Widespread international outsourcing of manufacturing has made intellectual property a key asset for private companies, which has strengthened the tendencies of earlier-movers to formulate and enforce strict intellectual property laws. This suggests that countries like China respond not only to pressure from earlier-movers like the United States to increase intellectual property protection, but are also driven by concerns against their own later-movers. Perhaps curiously, if the hierarchy of movers shifts and the relative interest in intellectual property enforcement does as well, China will someday seek to protect its goods against infringement by the likes of the United States and Japan.

Keywords: intellectual property, China, Japan, early movers, late movers, international IP

JEL Classification: K10, K33, K42, O34

Suggested Citation

Manta, Irina D. and Ottervik, Mattias, Blunting the Later-Mover Advantage: Intellectual Property and Knowledge Transfer (July 15, 2019). Akron Law Review, Vol. 52, 2019. Available at SSRN: https://ssrn.com/abstract=3420210

Irina D. Manta (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

St. John's University School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

HOME PAGE: http://https://www.stjohns.edu/law/faculty/irina-d-manta

Mattias Ottervik

Shandong University - School of Political Science and Public Administration ( email )

Binhai Road 72
Qingdao, Jimo, Shandong
China

The Chinese University of Hong Kong (CUHK) - Department of Government & Public Administration ( email )

Third Floor, T. C. Cheng Building
United College
Shatin
Hong Kong

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