Skip to main navigation Skip to search Skip to main content

Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system

  • Kristina Vaarst Andersen*
  • , Karin Beukel
  • , Beverly Tyler
  • *Corresponding author for this work
  • Circular Food Technology
  • Virginia Polytechnic Institute and State University

Research output: Contribution to journal › Journal article › Research › peer-review

39 Downloads (Pure)

Abstract

Intellectual property (IP) and the protection of IP is of increasing importance to firms’ competitiveness, and firms must be able to defend their IP when it is infringed upon. In most markets, IP and the defense of IP is a stringent legal process, but in developing markets and markets undergoing changes, this is not necessarily so. The Chinese IP system and protection is comparatively new, and the system is still under development. In this study, we analyze the relationship between firms’ previous litigation experience and litigation outcomes using a sample of 10,211 court cases tried in China between 2001 and 2009. We find that despite litigation being a rare event for most firms, plaintiffs’ prior litigation experience and especially prior successful litigation experience or experience with specific case types is related to their likelihood of a positive outcome. However, plaintiffs’ successful application of prior litigation experience is contingent on the type of litigation case.

Translated title of the contributionat lære at føre litigationssager: relationen mellem erfaring fra tidligere litigationssager og litigationssags resultater i det kinesiske IPR system
Original languageEnglish
JournalSchmalenbach Journal of Business Research
Volume73
Issue number3-4
Pages (from-to)479–500
ISSN0341-2687
DOIs
Publication statusPublished - Dec 2021

Keywords

  • D83
  • IP litigation
  • K41
  • Learning to litigate
  • Litigation experience
  • N45
  • O43
  • Organizational learning

Fingerprint

Dive into the research topics of 'Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system'. Together they form a unique fingerprint.

Cite this