The Impact of Victim Characteristics on Case Outcomes for IP Theft Cases in China and Taiwan

• In Event: ACCCJ Criminal Trial, Sentencing and Public Petition in China

Abstract

This research systematically empirically analyzes multiple aspects of the criminal enforcement of intellectual property rights (IPR) in China and Taiwan. While previous studies heavily concentrated on analyzing obstacles to administrative enforcement of IPR, this study looks closely at the performance of criminal enforcement agencies, the priorities of criminal enforcement in action, and the forces and factors shaping enforcement patterns and case outcomes. Although Galanter (1974) raised the question ‘Why the “Haves” Come out Ahead?’ in the context of civil lawsuits, no research yet has examined the impact of corporate victims as repeat players on the outcomes of criminal cases in China and Taiwan. Previous research on Chinese criminal cases examined only the impact on case outcomes of legal factors and offender characteristics. This research conducts logistic and multiple regression analyses to examine the impact of victim characteristics (e.g., corporate ownership and the involvement of top brands) on case outcomes for both the Chinese and Taiwanese IP theft samples. I hypothesize that corporate victims of foreign interests and State Owned Enterprises and those carrying top brands are associated with more severe punishments and heavier fines compared to domestic private or collective companies and companies carrying common or generic trademarks.

Author

• Haiyan Liu, University of Macau