ID | 55743 |
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Sort Key | 3
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Title Alternative | Empirical Analysis of Patent Litigation: A Comparison Study between Japan and China
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FullText URL | |
Author |
Zhang, Xingyuan
Jiang, Jiaming
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Abstract | In this paper, we gathered the data from public sources for analyzing the outcomes of 531 cases and 785 cases decided respectively by Japanese and Chinese courts at the first trial of patent litigations between 2004 and 2016. Using these data, we implemented a comparison analysis on recent patent litigations between Japan and China. Moreover, combining with information from Patstat, a patent database, for the patents infringed, we did an empirical analysis on determinants of trail win rate and rewards in patent litigations both for Japan and China.
Our estimated results suggest that China has the determinants on rates of success and appeal which very similar to those in Japanese patent suits. On the other hand, however, for infringement awards, those that influence the outcome of the courts are quite different between the two countries.
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Keywords | Patent infringement
Trail win rate
Award
Comparison empirical analysis
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Note | 論説 (Articles)
JEL classification: O34, O31, O30, K39, C01
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Publication Title |
Okayama Economic Review
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Published Date | 2018-03-19
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Volume | volume49
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Issue | issue3
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Publisher | 岡山大学経済学会
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Publisher Alternative | The Economic Association of Okayama University
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Start Page | 19
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End Page | 37
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ISSN | 2433-4146
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NCID | AN00032897
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Content Type |
Journal Article
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OAI-PMH Set |
岡山大学
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language |
Japanese
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Copyright Holders | Copyright © 2018 岡山大学経済学会
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File Version | publisher
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Eprints Journal Name | oer
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