Technology Protectionism and the Patent System: Strategic Technologies in China

Rassenfosse, Gaétan de; Raiteri, Emilio

doi:10.2139/ssrn.2803379

Cited by 15 publications

(7 citation statements)

References 7 publications

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“…(http://www.ipwatchdog.com/2015/12/18/chinese-patent-law-amendmentsproposed/id=63981/). China enacted a patenting system which can be considered as an economical protectionist tool 19 . The essentially domestic purpose of patents is corroborated by the fact that Chinese CRISPR patents are rarely extended to other countries.…”

Section: Discussionmentioning

confidence: 99%

Worldwide CRISPR patent landscape shows strong geographical biases

2019

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We performed an exhaustive compilation of patents involving a CRISPR gene editing system and categorized them following a thorough analysis of their abstract, description and claims. This landscape of CRISPR patenting shows that the technology is constantly being improved and that there is a diversity of potential sectors of application (medical, industrial, agriculture), of actors (both public and private) and a novel geopolitical balance of forces in this crucial new biotechnological field. Although laboratories in the USA played a pioneer role in the original invention, and USA remains a leader in technical improvements and in the medically applied sector, China is now taking the lead in the industrial and agricultural applied sectors and in the total number of patents per year. Strikingly, in all sectors, the number of CRISPR patents originating from Europe trails far behind the USA and China. Korea and Japan are next in this ranking. On August 17, 2012 Jennifer Doudna's group (University of California-Berkeley, USA) and Emmanuelle Charpentier (Umeå University, Sweden; formerly in Vienna, Austria) highlighted the underlying molecular mechanisms of the CRISPR system (Clustered Regularly Interspaced Short Palindromic Repeats) 1. They demonstrated that this system can be used to produce double-stranded cuts at any precise site of DNA in prokaryotic cells by combining a RNA guide with an endonuclease protein (Cas9, CRISPR-associated protein 9 nuclease). Prior to this publication, on May 25, 2012, UC-Berkeley, the University of Vienna and Jennifer Doudna had filed a patent application (2012US-61652086) describing the methods and applications for this RNA-directed site-specific DNA modification. On the other hand, the groups of Feng Zhang at the Broad Institute of MIT and Harvard University, USA 2 and George Church at Harvard University, USA 3 demonstrated that the CRISPR system can be used to modify eukaryotic cells of mammals, including humans. On December 12, 2012, the Broad Institute, MIT and Feng Zhang filed a patent application (2012US-61736527) describing the invention of mammalian genome editing. The legal battles around these patents have attracted media attention (4, 5, Sherkow 2018).

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Section: Discussionmentioning

confidence: 99%

Worldwide CRISPR patent landscape shows strong geographical biases

2019

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“…Prud'homme (2019) argues that framing the IPR protection regime as strong or weak may not capture the essence of the issue, and proposes to use ''foreign-friendliness'' to measure the regional variation in IPR protection and risk for foreign firms within China, implying the arbitrariness of IPR protection in China. Rassenfosse and Raiteri (2017) found no evidence of discrimination against foreign patent applicants overall, but that ''foreign applications in technology fields that are of strategic importance to China are four to seven percentage points less likely to be approved than local applications, all else equal'' (p. 1). Bian (2017) found an overall high winning rate in patent infringement cases and higher winning rate for foreign patent holders, without specifying whether foreign winners have more merit in their cases or whether the Chinese government gave foreign entities preferential treatment.…”

Section: The Rule Of Law View and Our Critiquementioning

confidence: 99%

“…Due to the secrecy of IPR violation and the reluctance of victims to report it for fear of retribution and embarrassment (Sullivan, 2019), comprehensive statistics of IPR violation related to the Chinese party-state do not exist, to our knowledge, but circumstantial evidence does exist. Studies using statistical data on China's IPR issues tend to focus on patent application and dispute, because data on patents are easier to get (Bian, 2017;Prud'homme, 2019;Rassenfosse & Raiteri, 2017). The findings are mixed.…”

Section: The Rule Of Law View and Our Critiquementioning

confidence: 99%

China’s intellectual property rights provocation: A political economy view

Alon

2019

J Int Bus Policy

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It is well recognized that intellectual property rights (IPR) violations are at the heart of the economic conflict with China. Little agreement, however, exists about the origin and solutions for this provocation. Broadly speaking, two prescriptions have been proposed: the natural evolutionary and the rule of law views. While both have merits and add to our understanding, they do not go far enough to address the more fundamental IPR policy issue: China has benefited from a rule of law overseas and a rule through law at home, manufacturing unfair advantage to its firms, many of which are owned and/or influenced by the government. While recognizing China's recent effort in improving IPR protection, we point out the intrinsic contradiction in the political economy of China between maintaining the one-party rule, on the one hand, and protecting IPR by an independent court, on the other. Understanding this tension in the application of IPR law can help the international community search for more effective policy options.

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“…In China, according to a study of listed Chinese companies [ 66 ], the applicants appear engaged in a kind of “patent race”, but other considerations may then affect the preference of domestic applicants with respect to the patent examination and renewal process [ 67 ] . Non-Chinese companies, in contrast, could expect to be disadvantaged by “technology protection”, as a study would suggest [ 68 ] . In any case, the Chinese Patent Office provided an unusual visibility to applicants that obtain an early patent grant, as shown in the press release about a COVID-19 vaccine [ 69 ].…”

Section: Extracting and Comparing Covid-19 Patent Literature As Published In Jan–aug 2020mentioning

confidence: 99%

Searching and Analyzing Patent-relevant COVID-19 Information

Falciola¹,

Barbieri

2022

World Patent Information

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The Covid-19 pandemic has prompted several institutions to offer free, dedicated websites and tools to foster research and access to urgently needed innovation by facilitating the search and analysis of information within the large amount of scientific and patent literature which was published in a very short period of time. This situation is clearly exceptional and challenging for patent information professionals searching for relevant disclosures at a given date in a reliable manner. This article provides an overview of search criteria and strategies, main databases and websites, number of publications, biological sequence information and experimental data sets covering Covid-19 findings within scientific and patent literature disclosed between January and August 2020. The analysis of non-patent literature has been focused on the identification, date assignment, disambiguation, and access to experimental data. The analysis of patent literature has been focused on the trends found within the earliest filed and published patent documents in representative jurisdictions worldwide. Some practical advice and strategies for technical, medical, or patentability assessment of Covid-19-related innovations across different information formats and resources are proposed.

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Technology Protectionism and the Patent System: Strategic Technologies in China

Cited by 15 publications

References 7 publications

Worldwide CRISPR patent landscape shows strong geographical biases

Worldwide CRISPR patent landscape shows strong geographical biases

China’s intellectual property rights provocation: A political economy view

Searching and Analyzing Patent-relevant COVID-19 Information

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