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We survey the economic literature, both theoretical and empirical, on the choice of intellectual property protection by firms. Our focus is on the trade-offs between using patents and disclosing versus the use of secrecy, although we also look briefly at the use of other means of formal intellectual property protection.

China is not meeting its international obligations to protect intellectual property rights (IPRs), harming the innovation process in China and elsewhere. We review the benefits of IPR protection and discuss the magnitude and cost of China's IPR violations. We also emphasize that these violations undermine the international rule of law and impair China's legitimacy as a leader in evolving global governance institutions. We criticize the argument that China will endogenously improve IPR protection due to internal pressures from its domestic IP sector as the United States and some other countries did in the past. China's governance institutions are very different from those of the liberal Western democracies, past and present, as China has a weak internal rule of law, a fragmented governance system, and cultural traditions that favor collective over individual rights. As China's IP sector develops, its IPR governance regime might even be used as a strategic tool to further disadvantage foreign IPR holders. We argue that China should play a lead role in any international IPR reforms but that it must first establish legitimacy by meeting its current international IPR commitments. We conclude that other countries should take action to pressure China to meet its IPR obligations.

What is the optimal system of intellectual property rights to encourage innovation? Empirical evidence from economic history can help to inform important policy questions that have been difficult to answer with modern data: For example, does the existence of strong patent laws encourage innovation? What proportion of innovations is patented? Is this share constant across industries and over time? How does patenting affect the diffusion of knowledge? How effective are prominent mechanisms, such as patent pools and compulsory licensing, that have been proposed to address problems with the patent system? This essay summarizes results of existing research and highlights promising areas for future research.

This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in facilitating the production of the two preeminent market commodities in the colonial and early Republic periods: expropriated lands and enslaved people. Though conquest and enslavement were key to producing property for centuries, property-law scholars have constructed the field of property law to be largely devoid of these histories and without a strong conception of the formative role of race. As a result, recent movements to reintegrate these topics into the field generally reflect a broader trend in the legal academy of treating race as an elective rather than fundamental topic. This Article shows that these histories contain insights that are crucial for understanding their legacies in our present legal system. It offers an account of how current conceptions of the field of property law evolved and what we learn from suppressed histories. It shows that the histories of conquest and slavery explain aspects of the system – its construction of jurisdictions, property value, ground-level institutions, and organization of force, for example – that belong at the core of the curriculum and the field. First, this Article examines patterns of erasure in the property-law canon to explore how we came to understand property law as primarily a collection of doctrines derived from English law regulating relations between neighbors. It uses property-law casebooks as an index and offers the first comprehensive study of the tradition. This analysis shows that many of the norms of erasure and validations of racial hierarchy that casebooks exhibit were set during the period of their emergence – the time of the formal close of the frontier and the Jim Crow Era. It was not until the 1970s that casebooks began to critically examine the histories of conquest and slavery for the first time, but the query into their consequences for the property system has remained partial and inconsistent. I then examine three ubiquitously taught topics in property law–discovery, labor, and possession – in light of the contexts in which they arose, to highlight their role in the creation of new markets for land and people in early America. I show that Chief Justice Marshall's iteration of the Discovery Doctrine drew from an international legal tradition that authorized European conquests and the transatlantic slave trade to establish racial hierarchy as the basis of U.S. jurisdiction and trade in lands. In addition to affirming that hierarchy, as scholars have shown, the labor theory also captured the ways that colonists attributed property values to land and people only when they came into white possession. I further argue that the labor of property creation in the colonies in significant part comprised legal work, beyond agriculture labor, including the passage of laws creating homesteading incentives, making enslavement racial, permanent, and hereditary, and establishing systems such as the rectangular survey, comprehensive title registry, and easy mortgage foreclosure. Finally, taking possession of property in this context entailed a process of dispossession turning the principle of honoring possession on its head. Looking at possession as part of the Discovery Rule and fugitive-slave laws reveals that the state largely delegated enforcement of possession – and the concomitant racial violence of dispossession – to private actors in ways that simultaneously invested them in property interests and racial hierarchy. This Article opens a new inquiry into what these long-buried histories teach us about property law. It argues that they are indispensable for understanding the unique fruits of the colonial experiment that define American property law today – the singular land system that underpins its real estate market and its structural reliance on racial violence to produce value.

Using a unique and rich database of high-technology firms in China, we show that effective enforcement of intellectual property rights at the provincial level is critical in encouraging financing and investing in R& D. Better enforcement of intellectual property (IP) rights positively affects firms' ability to acquire new external debt and allows firms to invest in more R&D, generate more innovation patents, and produce more sales from new products. Our results suggest that facilitating financing and investing in R&D are the channels through which better IP rights enforcement can affect economic growth.

More than one-half of all people living with HIV are women and 80 percent of all HIV-positive women in the world live in sub-Saharan Africa. This paper demonstrates that the legal origins of these formerly colonized countries significantly determine current-day female HIV rates. In particular, female HIV rates are significantly higher in common law sub-Saharan African countries compared to civil law ones. This paper explains this relationship by focusing on differences in female property rights under the two codes of law. In sub-Saharan Africa, common law is associated with weaker female marital property laws. As a result, women in these common law countries have lower bargaining power within the household and are less able to negotiate safe sex practices and are thus more vulnerable to HIV, compared to their civil law counterparts. Exploiting the fact that some ethnic groups in sub-Saharan Africa cross country borders with different legal systems, we are able to include ethnicity fixed effects into a regression discontinuity approach. This allows us to control for a large set of cultural, geographical, and environmental factors that could be confounding the estimates. The results of this paper are consistent with gender inequality (the “feminization” of AIDS), explaining much of its prevalence in sub-Saharan Africa.

Do intellectual property rights influence multinationals' manufacturing location decisions? My theoretical model indicates that countries with strong patent laws attract multinational activity, but only in sectors with relatively long product life cycles. By contrast, firms with short life-cycle technologies are insensitive, because offshore imitation is less likely to succeed before obsolescence. I document strong empirical regularities consistent with the model using a panel dataset on the global operations of US-based multinational firms and a new measure of product obsolescence. Moreover, my identification strategy allows me to isolate the causal effect of patent laws on multinational activity.

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years.It is a system and can best be understood as a system.Indeed, without understanding it as a system, it becomes much more difficult to comprehend.

This article introduces a novel database that measures governments’ compliance with national constitutions. It combines information on de jure constitutional rules with data on their de facto implementation. The individual compliance indicators can be grouped into four categories that we aggregate into an overall indicator of constitutional compliance: property rights and the rule of law, political rights, civil rights, and basic human rights. The database covers 175 countries over the period 1900 to 2020 and can be used by researchers interested in studying the determinants or the effects of (non)compliance with constitutions. Our investigation of the stylized facts of constitutional compliance reveals a long-term increase in compliance, which occurred primarily around the year 1990. The Americas experienced the steepest increase in compliance, but also Africa and Europe improved particularly at the end of the Cold War. Democracies – particularly those with parliamentary and mixed systems – show more constitutional compliance than nondemocracies, among which military dictatorships perform the worst. Constitutional design also matters: Constitutions that allow for the dismissal of the head of state or government for violating constitutional rules are being complied with more.

Much of the theoretical economics literature has assumed an unambiguous relationship between the strength of patent protection and the rate of innovation. This research address this assumption by examining the impact of major patent policy shifts in 60 nations over the past 150 years. It examines the changes in patent applications by residents of the nation undertaking the policy change. While the study tabulates domestic filings by residents and nonresidents alike, confounding factors may influence this measure. Thus, the research examines filings made by residents of the nation undertaking the policy change in a nation with a relatively constant patent policy, Great Britain. Adjusting for the change in overall patenting, the impact of patent protection-enhancing policy shifts on applications by residents was actually negative, whether filings in Great Britain or domestically were considered.