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Taylor Wessing Global Intellectual Property Index 2009 |
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Jurisdiction AnalysisIn order to examine how stable the rankings might be in the future, the overall GIPI 2 rating has been contrasted with a jurisdiction’s sensitivity (measured by the sensitivity to changes in the instrumental factors). Each of the instrumental factors was examined to see how it changed jurisdiction rankings. The variance of the scores is termed ‘sensitivity’. If a jurisdiction’s ranking changed markedly over the 16 sub-indices, it might be anticipated that it had a lot of potential to improve, or decline. If a jurisdiction’s ranking remained fairly stable over the sub-indices, its rating is more likely to remain fairly stable in the future: Chart 2 – Sensitivity to Instrumental Factors
This categorisation identifies different types of jurisdiction: Leaders & Evolving jurisdictionsThe tier 1 jurisdictions are mainly in the Leaders sector whilst tier 2 jurisdictions are close to the border between the Leaders and Evolving sectors. The tier 3 jurisdictions are in the Evolving sector but have higher sensitivity to the instrumental factors. This indicates that they may be volatile in their future ratings. Volatile and Minor jurisdictionsThe BRIC jurisdictions are in the Minor sector except Russia which is in the Volatile sector with the tier 4 jurisdictions. Brazil, India and China have relatively low sensitivity to changes in the instrumental factors and seem unlikely to radically change their ratings soon. Another measure of how volatile a jurisdiction's ranking might be is the ‘spread’ or variance of the individual assessments given to each jurisdiction (i.e. some respondents assessed them highly and other respondents assessed them poorly). The sensitivity described above and the variance of assessments are plotted together below: Chart 3 – Sensitivity to Instrumental Factors v Variance of Assessments
There are three ‘bands’ of jurisdictions:
It is interesting to compare the jurisdictions categorised as unpredictable in GIPI 1 with those categorised as stable. The average movement of the unpredictable jurisdictions is over 22 points whilst the average movement of the stable jurisdictions is under 11 points. We will watch the progress of the unpredictable jurisdictions with interest.
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© 2009 | Taylor Wessing LLP
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