Determinants of Cross-Border Intellectual Property Rights Enforcement: The Role of Trade Sanctions

With growing trade in a global economy, the desire for trade protection becomes increasingly important. One aspect of trade protection that has risen to the forefront is the protection of intellectual property rights (IPR) across national borders. This article analyzes the determinants of U.S.-filed investigations for alleged IPR cross-border violations using the complete set of Section 337 investigations conducted by the U.S. International Trade Commission (USITC). By analyzing political, institutional, and economic variables in an industry-level model, we find evidence that investigations are more frequent in industries that face intense import competition among IPR-protected goods. In addition, greater technology access to U.S. patents by respondent firms is found to increase filings, especially in countries where corruption levels are higher.