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

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

Standard

Learning to litigate : the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system. / Andersen, Kristina Vaarst; Beukel, Karin; Tyler, Beverly B.

In: Schmalenbach Journal of Business Research, Vol. 73, 2021, p. 479–500.

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

Harvard

Andersen, KV, Beukel, K & Tyler, BB 2021, 'Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system', Schmalenbach Journal of Business Research, vol. 73, pp. 479–500. https://doi.org/10.1007/s41471-021-00118-4

APA

Andersen, K. V., Beukel, K., & Tyler, B. B. (2021). Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system. Schmalenbach Journal of Business Research, 73, 479–500. https://doi.org/10.1007/s41471-021-00118-4

Vancouver

Andersen KV, Beukel K, Tyler BB. Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system. Schmalenbach Journal of Business Research. 2021;73:479–500. https://doi.org/10.1007/s41471-021-00118-4

Author

Andersen, Kristina Vaarst ; Beukel, Karin ; Tyler, Beverly B. / Learning to litigate : the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system. In: Schmalenbach Journal of Business Research. 2021 ; Vol. 73. pp. 479–500.

Bibtex

@article{a8b7a54cc2634090b2480df75bcc46e6,
title = "Learning to litigate: the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system",
abstract = "Intellectual property (IP) and the protection of IP is of increasing importance to firms{\textquoteright} 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{\textquoteright} 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{\textquoteright} 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{\textquoteright} successful application of prior litigation experience is contingent on the type of litigation case.",
author = "Andersen, {Kristina Vaarst} and Karin Beukel and Tyler, {Beverly B.}",
year = "2021",
doi = "10.1007/s41471-021-00118-4",
language = "English",
volume = "73",
pages = "479–500",
journal = "Schmalenbach Journal of Business Research",
publisher = "Springer",

}

RIS

TY - JOUR

T1 - Learning to litigate

T2 - the relationship between past litigation experience and litigation outcomes in the Chinese intellectual property system

AU - Andersen, Kristina Vaarst

AU - Beukel, Karin

AU - Tyler, Beverly B.

PY - 2021

Y1 - 2021

N2 - 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.

AB - 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.

U2 - 10.1007/s41471-021-00118-4

DO - 10.1007/s41471-021-00118-4

M3 - Journal article

VL - 73

SP - 479

EP - 500

JO - Schmalenbach Journal of Business Research

JF - Schmalenbach Journal of Business Research

ER -

ID: 285940846