Defining and Measuring the Institutional Context of National Intellectual Property Systems in a post-TRIPS world

Abstract

Indices that approximate for the quality and strength of intellectual property (IP) systems are commonly used as variables in empirical international management studies. However, while international IP systems have radically transformed after the implementation of the TRIPS agreement, these contextual changes have not been accounted for in existing international management research approaches. This study examines the institutional context of IP systems in the post TRIPS implementation years by conceptualizing how IP Law on the books (regulations) and IP Law in practice (enforcement) combine. This enables the identification of two new contextual categories of IP systems that have not been conceptually, theoretically, or empirically captured in existing international management research. A review of the existing literature on indices measuring different aspects of national IP systems provides insights into how to improve future theoretical and empirical international management work that aims to study the effects of the context of IP systems in the post TRIPS era.