Law and Industrial Policy in the Age of (De)Globalization: The Perspective of IP Protection

Cheryl Xiaoning Long ()
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Cheryl Xiaoning Long: Xiamen University

Chapter Chapter 8 in Law and Economic Development, 2023, pp 193-223 from Springer

Abstract: Abstract Two examples are presented to illustrate the increasing overlap between law and industrial policy and the implications of such development for both economic integration and global governance. In the first example, litigants choose the location to file legal suits regarding Standard Essential Patents (SEPs), whereas the second example relates to how IP litigation outcomes differ in China between cases with foreign plaintiffs and those with domestic plaintiffs. A complex and subtle picture emerges as to how economic integration impacts the court system. On one hand, with deepening globalization, more disputes get resolved in international courts and multinational firms have more venues to file their litigations; but on the other hand, differential treatments between domestic and foreign litigants persist in various countries. These patterns are then utilized to analyze whether and how the law of one price applies to the rule of law, and to draw lessons for the gradualist approach to economic reforms.

Keywords: (De)globalization; Economic integration; Rule of law; Standard essential patents (SEP); Judicial discrimination; Gradualist approach to reforms; China (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-24938-9_8

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DOI: 10.1007/978-3-031-24938-9_8

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