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ABSTRACT
The objective of this paper is to estimate an econometric model for analyzing the effects
of intellectual property rights (IPRs) on technology transfer through the importation of
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be part of the WTO and to benefit from the advantages of free trade, devel-
oping countries were requested, not only to enforce IPRs protection but also
to make their IPRs systems conform to specific standards already operating
in developed countries. Under this scheme, developed countries would be
willing to export their technologies, embedded in goods to developing coun-
tries. Article 7 of the Agreement states that “The protection and enforcement
of intellectual property rights should contribute to the promotion of technologi-
cal innovation and to the transfer and dissemination of technology, to the mutual
advantage of producers and users of technological knowledge and in a manner con-
ducive to social and economic welfare and to a balance of rights and obligations”.
The signing of WTO’s Agreement on TRIPS has generated heated
debates in political arenas and among academics. One important debate is
whether it is advantageous for a developing country to strengthen its own
IPRs regime and to make it conform to specific standards already operating
in developed countries.
It is possible to identify two opposite models in this contemporary debate.
The first recommends a strong regime of IPRs for economic development,
and a second argues that weak IPRs protection, or even the absence of IPRs,
is a way to allow the rapid diffusion of knowledge and the building up of
local capabilities.
Supporters of strong IPRs argue that improvements in IPRs protection
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1. For a literature review on the effect of stronger IPRs protection in the South on northern
innovation, see Park (2012) and Ivus (2010).
Due to the WTO’s interest in IPRs and the existence of controversy about
their role in a North-South axis, it seems necessary to empirically explore the
nature of the relationship between IPRs protection and technology transfer,
and its impact on economic growth in developing countries. By far the most
important source of technology transfer, as perceived by firms, is imports of
technology embodied in machinery and other capital goods, according to a
large-scale survey of firms in developing countries (Knell, 2006).
Therefore, this paper investigates the role of IPRs protection in facili-
tating technology transfer via international trade in capital goods, and its
contribution to economic growth in developing countries, signatories to the
TRIPS Agreement of the WTO.
Empirical models examining the economic implications of strengthening
IPRs in developing countries have provided different views on the impact of
IPRs protection on growth. According to Gould and Gruben (1996), IPRs
protection stimulates economic growth if it is accompanied by a policy of
trade liberalization. By encouraging initiatives to innovate, IPRs protection
may influence the economic growth of an open country. Park and Ginarte
(1997) found that IPRs protection affects economic growth indirectly by
stimulating the accumulation of factors of production such as physical
capital and R&D capital. IPRs protection encourages the research sector
to invest and take risks. This consequently stimulates economic growth.
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They argue that stronger IPRs protection may improve the ability of firms
in developing countries to enter export markets. In contrast to these stud-
ies, Yang et al. (2016) show that a stronger patent system’s ability to attract
better technology depends on the strength of two factors: its effect on tech-
nology transfer cost and its effect on knowledge spillover. A stronger patent
system decreases (increases) the quality of the technology to be transferred
in the reforming country if its effect on knowledge spillover is stronger
(weaker) than its effect on the technology transfer cost.
Like the other channels of technology transfer, ambiguous conclu-
sions on the impact of IPRs protection in the South on international trade
are drawn from the theoretical literature. According to Maskus and Yang
(2013), strengthening IPRs protection in developing countries encourages
inward technology transfer via trade. They argue that because strength-
ened patent rights can expand technology transfer, such reforms could in
turn improve a country’s export performance by enhancing the productiv-
ity of local enterprises. However, Smith (2001) argues that stronger IPRs
protection positively affects technology transfer via trade, under certain
circumstances. More specifically, the impact of stronger IPRs protection on
technology transfer occurring through imports depends on two contradictory
effects: a ‘market expansion’ effect and a ‘market power’ effect. Strengthening
IPRs protection can positively affect trade if the ‘market expansion’ effect
dominates the ‘market power’ effect. According to the first effect, trade is
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in the North and imitation only takes place in the South. According to
these authors, imperfect IPRs protection encourages imitation activity in
the South. Thanks to the increase in the number of imitation goods, the
southern stock of knowledge increases. Conversely, a strong IPRs protection
could reduce the rate of imitation. Due to the increased difficulty to imitate,
the duration of monopoly profits of the northern innovator is longer, and this
monopoly position lasts. The productivity of southern imitators decreases,
and the country’s stock of knowledge will not be stimulated. In contrast, the
imitation activity generates two contradictory effects on the North. The
positive effect is that technical progress is stimulated to the extent that the
northern firm innovates to survive under the pressure of low-cost southern
imitators. The negative effect is due to the disappearance of the rent of the
innovator from the moment the variety of a product is imitated.
However, assuming a co-existence of imitation and innovation in devel-
oping countries, Hwang et al. (2016) show that the economic effects of IPRs
protection vary according to the level of economic development. Tighter
IPRs protection reduces the varieties of the intermediate goods and raises
the production cost of the final good. These effects rise and then decline
with income. Therefore, the relationship between the less-developed coun-
tries’ IPRs protection and economic development is U-shaped. This implies
that a country’s willingness to strengthen its IPRs protection first decreases
and then increases with its income.
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EMPIRICAL FRAMEWORK
To investigate the empirical relationship between IPRs protection, technol-
ogy transfer through capital goods imports, and economic growth, we specify
and estimate a simultaneous equations model. It contains two equations:
the first for the total factor productivity (TFP) growth rate, and the second
for technology transfer through the importation of capital goods. Based on
literature, we determine the set of explanatory variables appearing on the
right-hand side of each equation.
The model will be estimated for a sample of 48 developing countries. It
covers a sample of developing countries which are signatories to the TRIPS
Agreement of the WTO, contracting parties of the World Intellectual
given initial technology gap, on national policies and other variables that
influence the growth rate of the importing country. To test the hypothesis
of convergence, the majority of empirical studies introduce a measure of the
initial situation in their growth regressions. Some study the link between
GDP per capita growth rate and the logarithm of initial per capita GDP
(Romer, 1993; Mankiw et al., 1992; Barro, 1991). However, Edwards (1998)
explained the growth rate of TFP based on a log of initial per capita GDP.
In the various cases, a negative relationship between the growth rate and
the initial situation allows the convergence for the considered sample of
countries to be highlighted.
Moreover, the catching-up process of the developed countries’ techno-
logical level is achieved as the developing country adopts foreign technol-
ogy and is dependent on a high absorption capacity. Most economists (Ben
Habib, Spiegel, 1994; Grossman, Helpman, 1991; Nelson, Phelps, 1966) see
in human capital the main factor that determines not only the ability of a
country to innovate, but also to assimilate foreign technology and catch
up the technological level of developed countries. Specifically, they assume
that there is a link between the level of education of a country and its capac-
ity to absorb foreign technology. To test these arguments and the hypothesis
of convergence, we include human capital and initial technological level as
determinants of TFP growth rate.
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2. For more details on the criteria and measurement of the indicator on IPRs protection, see
Park and Lippoldt (2014). Coverage refers to the subject material (type of invention) that can be
protected; duration refers to the length of protection; restrictions refer to the less than exclusive
use of those rights; membership of international treaties indicates the adoption into national law
of certain substantive and procedural laws of those international agreements. Membership of
an international treaty may also signal the willingness of particular nations to adhere to shared
international principles such as non-discrimination. The enforcement component consists of
mechanisms that assist in enforcing one’s patent rights (such as preliminary injunctions against
infringers). Each of these components is scored on a scale from 0 to 1 (reflecting the fraction of
legal features that are available). The overall value of the patent rights index is the unweighted
sum of the component scores
42
Table 1 – Definition of equation n° 1
and data information
Dependent Variable
Fatma MRAD
43
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Fatma MRAD
3. Freedom of international trade of a country is considered significant if it has low tariffs and
quotas, few controls on the exchange rate (having a freely convertible currency), and poor
control on the movement of capital and people. Source: Economic Freedom of the World, 2012
Annual Report, Chapter 1, Economic Freedom of the World in 2010.website: www.freetheworld.
com.
Table 2 describes the evolution of the growth rate of the IPRs indicator
of Park and Ginarte (calculated on average) over the 1960-2005 period
for all developed countries and the sample of developing countries. The
sample of developed countries includes the following countries: Australia,
Austria, Belgium, Canada, Denmark, Spain, USA, Finland, France,
Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Malta, Norway, New
Zealand, the Netherlands, Portugal, the United Kingdom, Sweden and
Switzerland.
period 1960- 1965- 1970- 1975- 1980- 1985- 1990- 1995- 2000-
country 1965 1970 1975 1980 1985 1990 1995 2000 2005
Developed
4.59 4.88 0.65 16.15 5.13 8.05 25.52 9.84 1.56
countries
Developing
1.17 1.75 1.61 6.17 2.46 3.03 45.27 32.80 16.12
countries
Developing
countries that
have signed the 1.24 1.65 0.92 6.71 2.56 3.19 49.25 29.84 15.72
agreement in
1995
Developing
countries that
have signed the 0 3.63 0 3.96 2.66 2.94 16.79 33.93 18.73
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Notes: * Jordan has signed the TRIPS Agreement April 11, 2000.
** Nepal signed the TRIPS Agreement April 23, 2004.
Source: Author’s calculations
The first conclusion that emerges from this table is that during the period
1975-1990, the growth rate of the IPRs indicator (calculated average) in our
sample of developing countries is lower than those achieved in developed
countries. Conversely, the situation was reversed during the period 1990-
2005. The growth rates of IPRs indicator became relatively higher in devel-
oping countries.
This phenomenon can be explained by the fact that most developed
countries started the establishment of a system of IPRs protection relatively
earlier. However, developing countries have accelerated the growth of IPRs
protection and have implemented reforms in this area after 1990 in order to
gain access to the WTO.
Dependent Variable
In(Mtech) : import of
This is the same variable defined in equation 1 and table 1
high technology goods
Explanatory Variables
In(IPR) : IPRs protection This is the same variable defined in equation 1 and table 1.
The logarithm of the indicator
Data Base James Gwartney,
“Freedom to Trade Internationally”. It is
Robert Lawson, and Joshua
set for the initial year of the following
Hall, Fraser Institute, year:
In(ftrade) : Freedom to periods: 1970-74, 1975-79, 1980-
2012
Trade Internationally 84, 1985-1989, 1990-1994 and
URL: http://www.
1995-1999. For the 2000-2004 and
freetheworld.com/datasets_
2005-2009 periods, the average of
efw.html
this indicator is calculated
Database Alan Heston,
Robert Summers and Bettina
The logarithm of the ratio of GDP per Aten, Penn World Table
y0 capita of a country relative to that of Version 7.1, Center for
In
y0USA : technological the US economy. It is set for the initial International Comparisons
year of each period, i.e. for 1970, of Production, Income and
level 1975, 1980, 1985, 1990, 1995, Prices at the University of
2000 and 2005. Pennsylvania, July 2012
URL: http://pwt.econ.
upenn.edu/.
TFP M +X
( TFP ) = b0 + b1In( y0 ) it + b2In(HK ) it + b3In( Mtech ) it + b4 Y
it (E1)
+ + b5In(IPR ) it + e it
In( Mtech ) it = d 0 + d1In(IPR ) it + d 2In( ftrade) it + d 3TRIPSit
y (E2)
+ d 4In( 0 ) it + eit'
y0USA
TFP
The variables , In(y0), In(HK), In(Mtech), (M+X/Y), In(IPR),
TFP
In(ftrade), TRIPS and In(y0/y0USA) have the same definitions as in equations
n° 1 and n° 2, (Tables 1 and 3).
TFP TFP In (y0) In(ayts) In(ayss) In(ayts) In (Mtech) (M+X)/Y In (IPR)
TFP TFP 1
In (y0) 0.0788 1
In (atys) 0.1825* 0.6891* 1
In(ayss) 0.2238* 0.6727* 0.8922* 1
In (ayts) 0.1159* 0.6865* 0.7702* 0.8322* 1
In(Mtech) 0.1463* 0.3528* 0.3375* 0.2854* 0.1732* 1
(M+X)/Y 0.0557 0.0616 0.0686 0.0411 0.1212* -0.0485 1
In(IPR) 0.1261* 0.2296* 0.4235* 0.3938* 0.2769* 0.2307* -0.0526 1
Correlation Matrix : Equation n° 2
From these results, we also see that, although the coefficients are not sig-
nificant, the variable ‘TRIPS’ has a positive effect on the capital goods
imports.
As described above, columns (4) through (6) summarize the estimation
results of the simultaneous equations model when the variable In(ftrade);
‘Freedom to Trade Internationally’ is excluded from the second equation of the
system.
The estimation results for the TFP growth equation when the variable is
excluded are very similar to those of the basic model (columns (1) through
(3)). According to the fifth column, the import of capital goods and human
capital, measured by the average years of secondary schooling, has positive
and statistically significant effects on the TFP growth rate.
The results for the import of capital goods equation show that the vari-
able In (IPR) exhibits positive and strongly significant coefficients in regres-
sions (4) through (6).
While the results do not change for the variable technology level, the
regression in column (6) indicates that the variable TRIPS has a positive
and significant effect on the share of capital goods imports in GDP. It indi-
cates that the coefficient of this variable is positive and statistically signifi-
cant at the 10% level.
Overall, these estimates show a positive and statistically significant effect
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and Primo Braga (1999). These authors found a negative and insignificant
relationship between IPRs protection and the international trade in high
technology goods (machinery and electrical facilities, telecommunications
equipment).
When the IPRs protection policy of developing countries is effective,
the entry of foreign goods is important. This result implies that this policy is
likely to increase the ‘market expansion’ effect. Therefore, technology trans-
fer to the importing country is stimulated. This confirms the statement of
Rapp and Rozek (1990): “Intellectual protection helps countries attract technol-
ogy and disseminate it in the economy” (Rapp, Rozek, 1990, p. 81).
The estimation results also show a positive and statistically significant
effect of the variable ‘TRIPS’, implying that imports of capital goods by
developing countries may be stimulated by changing the laws for IPRs pro-
tection to comply with the provisions of the WTO TRIPS Agreement.
This result is confirmed by the work of Ivus (2010). The author has
shown that strengthening IPRs protection in developing countries during
the period ‘after TRIPS Agreement’; 1994-2000, has increased the value
of exports from developed countries to developing ones. This increase in
export value was due to the increase in the quantities rather than prices.
To sum up, the results of the empirical work demonstrate the existence
of a significant positive relationship between technology transfer through
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CONCLUSION
The purpose of this work is to show that technology transfer via interna-
tional trade and IPRs protection are important determinants of economic
growth in developing countries.
We tried to test the relationship between IPRs protection, technology
transfer via international trade, and economic growth empirically. Specifically,
a simultaneous equations model for 48 developing countries over the period
1970-2009 was estimated. This is a two-equation model where the first equa-
tion explains the growth rate of TFP with the protection of IPRs, and tech-
nology transfer via capital goods imports, and the second equation represents
the relationship between the technology transfer via capital goods imports,
and IPRs protection. The two equations are estimated simultaneously.
Three results have emerged from the empirical analysis. The first result
relates to the positive and significant effect of capital goods imports on the
TFP growth of developing countries. One explanation for this result is that
these imported goods incorporate foreign technology. The second outcome
is the existence of a positive and significant relationship between IPRs pro-
tection and technology transfer via trade in capital goods. Finally, this work
shows that there is an indirect relationship between IPRs protection and
the growth of TFP. Strengthening IPRs protection encourages exports of
high technology goods from developed countries to developing ones. The
latter will benefit from foreign technology. Therefore, the TFP growth rate
is stimulated. Moreover, the empirical results support expectations of the
WTO under the TRIPS Agreement. According to these expectations, IPRs
protection is a factor which encourages technology transfer via the liberali-
zation of international trade.
Throughout this work, the focus was on the effect of IPRs protection on
technology transfer through international trade. It would have been desir-
able to also test the effect of IPRs protection on technology transfer via FDI.
The results of this analysis would better judge the argument put forward by
the WTO that the protection and enforcement of IPRs should contribute to
the transfer of technology to the South.
More empirical research is needed to gain more insight regarding the
linkages between economic growth, IPRs protection and technology trans-
fer. The challenge of such research will be to identify methods of estimation
in order to exploit the panel of cross-country analyses data, like the present
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