The countries agreed that the enterprises should choose when to transfer their

The countries agreed that the enterprises should

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foreign intellectual property rights as domestic IP right (Brachman 2015). The countries agreed that the enterprises should choose when to transfer their intellectual property for business and market considerations without any undue policy or legal pressure compelling them to transfer. However, the reality and practice on the ground is that access to the Chinese market depends on the readiness of an organisation to make tech transfer. The transfer of tech and IP is a de facto cost of accessing the Chinese market (Baker et al. 2017). Therefore, firms wishing to set operations in such markets may be justified in offering older technology or products to protect their intellectual property rights. In fact, technology blog writers are categorical that transfer of older, less valuable intellectual property and having multiple joint venture partners so that no single firm gets the new technologies are the best way to expand into China and protect intellectual property rights (Bosshart et al 2010). Further, restrictive foreign direct investment policies like local firms having about fifty percent of the joint company makes the case for use of older technology as a way of protecting intellectual property rights.
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ALTERNATIVE MEASURES TO PROTECT INTELLECTUAL PROPERTY RIGHTS 8 While these are some of the most appropriate and practical measures that a multinational enterprise (MNE) can protect its intellectual property in developing countries, it can also use technical specifications, drawings, and other documents to restrict the sharing of its intellectual property information. The firm may only pass what it considers to be the most relevant information for the success of the project during the time of the engagement. It may also develop the product ‘interface’ for different markets so that it protects its intellectual property from infringements and a poor legal system in these economies. Lastly, it can use the need-to-know approach where it insists that only relevant partner company staff with the consent from the gatekeeper or the collaboration champion can access project or technical information. References Baker, D., Jayadev, A., Stiglitz, J., 2017. Innovation, Intellectual Property, and Development:
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ALTERNATIVE MEASURES TO PROTECT INTELLECTUAL PROPERTY RIGHTS 9 A better Set of Approaches for the 21 st Century. Accessed from %20Century%20-%20EN.pdf Bosshart, S., Luedi, T., Wang, E., 2010. Past lessons for China’s new joint ventures. Accessed from - finance/our-insights/past-lessons-for-chinas-new-joint-ventures Brachman, S., 2015. Chinese Joint Venture Rules and Respect for IP Cause Concerns. Accessed from - cause-concerns/id=56088/ Fang, L., Lerner, J., Wu, C., 2016. Intellectual Property Rights Protection, Ownership, and Innovation: Evidence from China, Harvard Business School Working Paper No. 17- 43. Accessed from - 043_1ef8c8f7-1a51-49f6-8e3a-76333b195e4e.pdf Kalanje, C.M., n.d. Role of Intellectual Property in innovation and New Product
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  • Fall '19
  • Intellectual property law, Non-disclosure agreement, Injunction

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