Patent Convergence Club Among Nations

Marquette Intellectual Property L. Rev. (2014)

39 Pages Posted: 6 Jan 2020

See all articles by Daniel Benoliel

Daniel Benoliel

University of Haifa - Faculty of Law

Date Written: 2014


The article uncovers profound empirical and conceptual shortcomings concerning the "one-size-fits-all" innovation and intellectual property-related policies used internationally. These policies surely are funneled by the World Trade Organization (WTO) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) or the World Intellectual Property Organization’s (WIPO) archetypical Development Agenda. The article offers a novel delineation of these policies vis-à-vis distinct country groups or “convergence clubs.”

In so doing, the article offers a unique statistical model carrying out hierarchal cluster analyses for sixty-six innovating countries twice during the 1996–2011 time series period. The model detects country groups that are similar in their convergence patterns over patent propensity rates as proxy for their domestic innovation rates.

Moreover, the article suggests a more accurate demarcation of two large patent propensity gaps and the convergence patterns therein. The first such gap refers to the stable expanse that separates the middle group of “followers” from the stronger “leaders” in terms of patent propensity capabilities. The second similarly refers to the impressive yet steadily closing gap that separates the weaker “marginalized” from the “followers” clubs. Overall, the article’s findings should lead to optimizing future WTO member coalitions among such groups or clubs.

Suggested Citation

Benoliel, Daniel, Patent Convergence Club Among Nations (2014). Marquette Intellectual Property L. Rev. (2014) , Available at SSRN:

Daniel Benoliel (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905

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