Entrepreneurs, Multinational Enterprises and Policy
Edited by Maureen McKelvey and Sharmistha Bagchi-Sen
Chapter 3: The role of intellectual property rights in innovation spaces: the cases of China and India
This chapter describes the development of China and India as innovation spaces linked to the global economy through specializations and flows of technical development. The focus is upon developments of the Chinese and Indian patent systems and on the flows of patents into and out from these countries. Patent systems and patent-like rights have been used in various nations and to various degrees since the fourteenth and fifteenth centuries (Granstrand, 1999; Guellec and Potterie, 2007). However, China’s first patent law was adopted as late as 1984, which can be compared to the adoption of formal patent laws in 1623 in England, in 1790 in the United States and in 1856 in India (based on the British patent law) (Holgersson, 2012). Many Asian countries, not the least China, have historically had limited protection of inventions against imitation. Even when patent systems have been available, the actual protection given by those systems has been limited since the enforcement of patents has been difficult or impossible for inventors.
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