Are intellectual property rights compatible with Rawlsian principles of justice?

This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of the patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights.     

Reforming intellectual property rights and the Bt cotton seed industry in China: Who benefits from policy reform?

China has been one of the leaders in agricultural biotechnology research and the adoption of transgenic plants. Despite this, critics argue that China's biotechnology policies could be improved to provide more benefits to farmers. The objective of the paper is to examine if policy changes could improve the welfare of farmers in the cotton industry. The paper first reviews recent changes in laws and policies that affect China's plant biotechnology sector—with a focus on IPR legislation and seed industry reform. Next, using a primary data set collected from 1661 plots from a sample of farmers in northern China in 1999, 2000 and 2001, we econometrically estimate the effect of changes to intellectual property rights (IPR) and seed industry reform on farmer pesticide use and yields. Our results are consistent with a conclusion that improvements to the IPR environment and greater commercialization of the seed industry can increase the benefits that farmers derive from new cotton technology.     

Intellectual property infringements due to R&D abroad? A comparative analysis between firms with international and domestic innovation activities

This paper aims to analyse the risk of intellectual property (IP) infringements by competitors from abroad and in particular to consider whether this risk is higher for international innovating firms. We distinguish three different types of IP infringements from abroad: the usage of firms’ technical inventions, product piracy, and copying of corporate names and designs. Our analysis rests on the German data from the Europe-wide Community Innovation Survey (CIS). We use a unique data set of about 900 observations, which are retrieved from two survey waves. While the earlier wave contains information about international and domestic innovation activities, the later wave reports IP infringements. In a second analysis, the likelihood of infringements from innovation host countries and no-innovation host countries abroad is examined. Before the empirical analysis, an exploratory study was carried out in China with interviews of German firms with innovation activities in China and with a legal advisor for small and medium-sized German enterprises. The results show that firms with international R&D activities are increasing their chances of losing technological knowledge to their local competitors abroad. R&D activities in countries with weak intellectual property rights increase the risk for all types of IP infringements compared to domestic R&D activities. Infringements by competitors from the host country are driven by the production of new produces in this country. Export intensity is the major driver of infringements from no-innovation host countries. R&D activities in China and North America also increase the risk of an infringement. However, firms that innovate only in their home country experience significantly more product piracy cases than international innovating firms.     

Can intellectual property rights protection and governmental R&D investment promote Chinese enterprises’ R&D investment?

This paper establishes an impact factor model among government R&D input, enterprise R&D input and IPRP in China. It uses data from 1992 to 2012 for regression analysis and finds that government R&D input in enterprises, institutions and universities has a leverage effect on enterprise R&D input, although the leverage effect caused by government R&D input in universities is not prominent, and proper IPRP can promote Chinese enterprise R&D input. The further Granger causality test shows that IPRP produced structural changes in Chinese enterprise R&D input in approximately 2002, and its leverage effect reached 0.147, which is double the previous effect and exceeds the leverage effect caused by government R&D in institutions and in universities. The findings verify that IPRP is the source of power for promoting Chinese enterprises’ technology innovation.