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LEGAL ORIGIN AND BILATERAL AND MULTILATERAL DISPUTE SETTLEMENT MECHANISMS: THE CASE OF PATENT PROTECTION LEGISLATION
by
Hong Pang
A Thesis Presented to the
FACULTY OF THE USC GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
MASTER OF ARTS
(ECONOMICS)
December 2010
Copyright 2010 Hong Pang
Object Description
| Title | Legal origin and bilateral and multilateral dispute settlement mechanisms: the case of patent protection legislation |
| Author | Pang, Hong |
| Author email | hongpang@usc.edu; coral_pang@hotmail.com |
| Degree | Master of Arts |
| Document type | Thesis |
| Degree program | Economics |
| School | College of Letters, Arts and Sciences |
| Date submitted | 2010 |
| Restricted until | Restricted until 29 Sep. 2012. |
| Date published | 2012-09-29 |
| Advisor (committee chair) | Nugent, Jeffrey B. |
| Advisor (committee member) |
Dekle, Robert Odell, John S. |
| Abstract | This thesis examines the variations in both the level of patent protection and changes therein across countries and over time. The main finding is that both domestic economic, political and legal characteristics as well as bilateral and multilateral dispute settlement mechanisms are important in raising countries’ patent rights protection in the past decades.; More specifically, my studies confirm that domestic economic development, associated with R&D investment, is the main reason for countries to improve their patent protection, with human capital, political freedom and trade openness as contributing factors. Furthermore, Common Law countries and German Civil Law countries tend to provide higher protection for patent rights than French Civil Law countries, although its effect on patent protection might not be direct but probably only indirect through its effect on R&D and trade openness. Last but not least, bilateral dispute settlement mechanisms, represented by the U.S.’s Special 301 placements and Section 306 monitoring, have significantly and consistently positive effects on propelling target countries to provide higher legislative protection for patents, just as bilateral investment treaties (BITs) with the U.S. do. Designating a country as “Priority Foreign County”, which is the most severe but seldom used instrument of “unilateral aggressiveness”, did not by itself contribute to the improvement of patent protection according to the results. It does, however, work with other bilateral coercive means. The strengthened WTO dispute settlement mechanism only plays a marginal effect on countries’ patent protection over time. The bilateral dispute settlement mechanisms represented by the U.S. Trade Representative’s Special 301 placements and other monitoring procedures and bilateral incentives resulting from the BITs between the U.S. and other countries overwhelmed domestic economic, political and legal characteristics in explaining the improvement of patent protection over time. I also show that autocratic regimes are more vulnerable to bilateral pressures asking for improving patent protection.; This thesis contributes to our understanding of patent protection in particular and IPR protection in general. By using various statistical tools, it systematically examines the effects of domestic economic, political and legal characteristics as well as bilateral and multilateral dispute settlement mechanisms, differentiates the relative importance of various influences, and suggests the possible mechanisms for certain influences. |
| Keyword | patent; legislation; legal origin; dispute settlement; WTO; unilateral aggressiveness; Special 301 Section; 306 Section; out-of-cycle review (OCR); bilateral investment treaties (BITs) |
| Coverage date | 1960/2005 |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m3488 |
| Rights | Pang, Hong |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-Pang-4076 |
| Archival file | uscthesesreloadpub_Volume14/etd-Pang-4076.pdf |
Description
| Title | Page 1 |
| Full text | LEGAL ORIGIN AND BILATERAL AND MULTILATERAL DISPUTE SETTLEMENT MECHANISMS: THE CASE OF PATENT PROTECTION LEGISLATION by Hong Pang A Thesis Presented to the FACULTY OF THE USC GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS (ECONOMICS) December 2010 Copyright 2010 Hong Pang |
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