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