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Protection without patents: How firms in china earn rents from innovation by 'factual' protection

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versione breve In this contribution we analyse how the managers of foreign firms in China craft strategies to protect their intellectual property rights (IPR). We show that a 'modernist' perspective would predict IPR protection by patents, and we show why China's formal legal system is not capa-ble to provide effective IPR protection. This contradiction leads to our assumption that man-agers have crafted 'factual' strategies to protect their IPR without using the formal legal sys-tem. From our analysis of 13 in-depth case studies, we find that managers have indeed crafted such 'factual' strategies by their interaction with the societal context of China.
We also find that only a 'micro' perspective on strategy could have detected this causal pat-tern, whereas a 'modernist' perspective would have led to erroneous conclusions. The societal context is identified as an important causal factor that determines the way managers craft strategy. We also find that the societal context makes them undergo a process of continual learning that strengthens their firms' competitive positions within and outside this societal context. These findings have important implications for future theory development and pro-vide interesting insights for industry managers.
   
tipo papier de conférence (English)
   
parole chiave Intellectual property rights, appropriability regime, patents, strategy as practice, international management
   
nome della conferenza Academy of Management 2007 Conference (Philadelphia)
data della conferenza 5-8-2007
editore dei proceedings AOM 2007 meeting proceedings
review double-blind review
   
citation Keupp, M. M. (2007). Protection without patents: How firms in china earn rents from innovation by 'factual' protection. In AOM 2007 meeting proceedings.