Countries in the middle-income stage of development require a smart approach to
their intellectual property (IP) regime that effectively stimulates genuine technological
innovation, not just imitation. This strategic shift can allow a latecomer
nation to avoid being perpetually stuck in the middle-income stage of development
unable to transition to higher income levels (a situation called the “middle-income
trap”) and to catch up with forerunners. China, which is currently an upper
middle-income country, is grappling with how to best make this transition. Over the
last decade, China has embarked on a state-led “indigenous innovation” and
intertwined IP development strategy. However, despite this new strategic approach
to catch up, China has not yet landed among the ranks of high-income economies
and the country’s IP regime has increasingly found itself under fire by foreign
governments, firms, and other stakeholders.
Amidst this backdrop, this book provides a timely and up-to-date evaluation
of the risks that China’s IP regime poses to innovation. Our central finding is that
China’s IP regime for innovation has improved notably over time, and therefore is
more conducive to innovation than many believe, but it still poses a range of risks.
The presence of these risks may, to varying degrees, negatively influence the
innovation activities of both foreign and domestic firms, as well as other actors
participating in the innovation process. In turn, this poses a larger set of risks to
China’s national development. However, with sufficient buy-in from the state, we
do not believe that these factors will prohibit a number of smart reforms from being
made to improve the ability of China’s IP regime to foster innovation and
entrepreneurship.
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