Intellectual Property Rights and Entry into a Foreign Market: FDI vs Joint Ventures

Working Paper: CEPR ID: DP5672

Authors: Dermot Leahy; Alireza Naghavi

Abstract: This paper investigates how the mode of entry into a foreign market can be influenced by the intensity of R&D in an industry and the protection of intellectual property rights (IPR) in a recipient country. It then analyzes the link between the IPR regime and policies that place limits on the degree of foreign ownership in a joint venture (JV). In particular, we study the effect of the IPR regime of the host country (South) on a multinational?s decision between serving a market via greenfield foreign direct investment to avoid the exposure of its technology or entering a JV with a local firm, which allows R&D spillovers to a third firm under imperfect IPRs. JV is the equilibrium market structure when extra rents can be gained from a JV. This occurs when R&D intensity is moderate and IPRs strong. The South can gain from increased IPR protection by encouraging a JV, whereas policies to limit foreign ownership in a JV gain importance in technology intensive industries as complementary policies to strong IPRs. The South never finds it optimal to fully protect IPRs and concede all bargaining power in a JV to the Northern firm.

Keywords: bargaining; development; FDI; policy; intellectual property rights; joint ventures; R&D spillovers; technology transfer

JEL Codes: F13; F23; L24; O24; O32; O34


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
IPR strength (O34)mode of entry (FDI vs. JVs) (F23)
R&D intensity (O32)mode of entry (FDI vs. JVs) (F23)
IPR strength + R&D intensity (O39)preference for JVs (L24)
R&D intensity (moderate) + strong IPR (O39)JVs as equilibrium market structure (L13)
improving IPR regime (O34)attractiveness for JVs (F23)

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