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Social Science Research Network Working Paper Series (7 March 2012)
Abstract
Why do firms in some industries ignore patents when developing new products? This paper posits a simple but novel answer to this long-puzzling question: firms ignore patents because they are unable to discover the patents their activities might infringe. The costs of finding relevant patents, which we call discovery costs, are prohibitively high.Not all industries face high patent discovery costs. Chemical patents are "indexable," meaning that relevant patents can be efficiently retrieved by chemical formula. As a result, discovery costs in ...
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(13 July 2001)
Abstract
"Using classical Greek as well as medieval and Renaissance European examples, Long traces the definitions, limitations, and traditions of intellectual and scientific creation and attribution. She examines these attitudes as they pertain to the technical and the practical. Although Long's study follows a chronological development, this is not merely a general work. Long is able to examine events and sources within their historical context and locale. By looking at Aristotelian ideas of praxis, techne, and episteme, she explains the tension between ...
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(November 2011)
Abstract
With the international community looking to the UNFCCC Conference in Durban for results, an important opportunity exists to address one of the most contentious issues in the climate change debate: the role of intellectual property rights in the development and access to mitigation and adaptation technologies. While global climate change negotiations have made some progress in the area of technology transfer, as reflected in last year’s agreement in Cancun to establish a Technology Mechanism under the UNFCCC, intellectual property has remained a ...
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Social Science Research Network Working Paper Series (11 November 2004)
Abstract
Since the establishment of the TRIPs Agreement, intellectual property protection has been expanding rapidly, and many less developed countries have become dissatisfied with the international intellectual property regime. From bilateral free trade agreements to the increasing use of technological protection measures, many commentators fear that the recent "one-way ratchet" will roll back the substantive and strategic gains made by less developed countries during the negotiation of the TRIPS Agreement. Interestingly, intellectual property rightsholders feel equally threatened by the recent developments, in ...
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Abstract
We study markets for information goods and find that they differ significantly from markets for traditional industrial goods. Markets for information goods in which products are vertically differentiated lack the segmentation inherent in markets for industrial goods. As a result, a monopoly will offer only a single product. Competition leads to highly concentrated information-good markets, with the leading firm behaving almost like a monopoly even with free entry and without network effects. We study how the structure of the firms' cost ...
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Social Science Research Network Working Paper Series (04 October 2008)
Abstract
This paper examines the current wave of US bilateral agreements with respect to their strategic and political value at the plurilateral level. The US government has explicitly recognized its objective of leveraging bilateral agreements in order to influence regional and multilateral negotiations. Although it may be too early to assess the full effectiveness of this US strategy, the paper argues that there are clear signs that the exploitation of bilateral agreements will not independently achieve the goal of strengthening plurilateral patent ...
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Abstract
A World Trade Organization (WTO) non-violation complaint is one where an agreement has not been breached, but the complainant alleges an expected benefit under the agreement has been abrogated. When the TRIPS Agreement came into force non-violation complaints were not available for TRIPS disputes. This position was to be reviewed. Non-violation complaints remain unavailable for TRIPS disputes. In the early days of TRIPS the exclusion of non-violation disputes seemed rational because of the unique nature of TRIPS, among WTO agreements. The ...
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Abstract
This paper studies two fundamentally distinct approaches to opening a technology platform and their different impacts on innovation. One approach is to grant access to a platform and thereby open up markets for complementary components around the platform. Another approach is to give up control over the platform itself. Using data on 21 handheld computing systems (1990–2004), I find that granting greater levels of access to independent hardware developer firms produces up to a fivefold acceleration in the rate of new ...
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(2008)
Abstract
Strong links between public goods provision and economic development make the case for the provision of public goods at national, regional and international levels. The provision of public goods is a key element of the quality of life and environmental sustainability. Their undersupply may affect prospects for economic development, threatening global economic stability, peace and prosperity.Mechanisms for the effective delivery of public goods and services should therefore be central to any poverty eradication strategy. However, the role of public goods in ...
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Abstract
Legal contextThis article examines whether the Court of First Instance ruling in Microsoft v Commission is a setback to IP rights protection in Europe. It analyses the Microsoft ruling against case law involving the interaction between IP rights and competition law. Key pointsThe article highlights the difficulty in identifying the degree of interoperability as required under the EU Software Directive that will be necessary for competitors to compete effectively with Microsoft. Though the Software Directive does not envision the use ...
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Social Science Research Network Working Paper Series In SSRN eLibrary (19 December 2006)
Abstract
The access to drugs and development of new drugs to what are called as neglected diseases in developing nations is a major issue. To what extent intellectual property rights (IPRS) facilitate or hinder this is a controversial issue. The harmonization of global IP regime under TRIPS norms has eliminated many of the options including using process patents without limits, which were earlier available to developing nations. A report of the WHO Commission on Intellectual Property Rights, Innovation and Public Health (CIPIH) ...
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Vol. WP 09-14 (December 2009)
Abstract
This working paper maps out the structure and value chains of the wind industry, analyzes the wind industry’s increasing global integration via cross-border trade and investment flows, and offers recommendations to policymakers for the design of investment and trade policies to help realize wind energy’s potential. We find that demand for wind energy through longterm government support policies creates the basis for local supply of wind capital equipment and services and associated local job creation; policies that put a price on ...
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Abstract
While radical technological change is often characterized as hazardous, particularly to incumbents, incremental technological change has appeared to be immune from such risks. Little attention has been given to the possibility that under some circumstances incremental technological change can be quite risky. This article argues that there may be tradeoffs to high rates of incremental technological change. The costs are of two kinds: the organizational disruptions associated with frequent technological change and overestimating the advantages and receptiveness of the technological improvement. ...
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(June 2009)
Abstract
Approximately thirty years ago, most standards were based on publicly available technologies. When a patent did exist, by the time the relevant standards had been drafted, the valid period of the patent had already expired. Currently, most standards are covered by IPRs still under protection. Grave concerns have arisen regarding the problematic combination of IPR and standards. International standardization organizations and competition authorities in some countries have been trying to address these concerns. Some progress has been achieved and 'solutions' provided. ...
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Abstract
10.1126/science.1176116 ...
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Abstract
This article studies a dynamic model of an industry life cycle based on increasing returns in the cost of growth whereby large firms can grow more easily. When there are strong increasing returns in the adjustment cost function, the model exhibits multiple rest points, and firms do not necessarily all end up in the same state. The model generates typical life cycle stages including a shakeout. The likelihood of survival is positively correlated with the entering size, an implication that fits ...
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In WIPO Global Symposium of Intellectual Property Authorities, 17 and 18 September 2009 (17 September 2009)
Abstract
A Patent Attorney view on the patent system. ...
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Abstract
10.1126/science.1176066 ...
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(2008)
Abstract
Brief description of the patent system, and the problems with the current system. ...
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Abstract
Legal contextThis paper examines the argument that patenting has become an impediment to innovative activity, rather than the incentive it was originally designed to be. Key pointsUsing economic analysis and empirical evidence, I take up three main issues: deterioration in the quality of patents issues, with weak patents' unlikely to be enforced by courts if challenged; patent thickets, where firms must secure license agreements from many patentees in order to undertake R&D; and the costs of enforcing patent rights. ...
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Abstract
Legal context and key pointsKnowledge, its generation, appropriation, and control, is at the heart of the modern knowledge economies--and IP rights (in particular, patents) that protect this knowledge can be described as their currency. It is therefore unsurprising that issues around knowledge and its ownership have become contested by an increasing number of actors, as the stakes are very high. As the role of the patent system has become more visible, it has been subject to increasing scrutiny not only by ...
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Abstract
In the lead-up to the discussions over IP and climate change in Copenhagen in 2009, the US House of Representatives passed a resolution that it should be the policy of US government officials in discussions over the long-term action under the United Nations Framework on Climate Change to prevent any weakening of, and ensure robust compliance with and enforcement of, existing international legal requirements as of the date of the enactment of this Act for the protection of IP rights ...
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Bloomberg.com (4 September 2009)
Abstract
Toyota Motor Corp., the world’s biggest seller of autos powered by a combination of gasoline and electricity, faces a patent-infringement claim that may result in a U.S. import ban on its Prius and other hybrid models.Closely held Paice LLC filed a complaint yesterday with the U.S. International Trade Commission in Washington, claiming Toyota is infringing its patent. The company seeks an order to ban imports of Toyota products using its invention. ...
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Social Science Research Network Working Paper Series (06 August 2009)
Abstract
Technology development and transfer has been identified as a key element in the Bali Action Plan. In the negotiations on a global climate treaty the developing nations have put forth ideas and plans to ensure that intellectual property rights (IPRs) do not become a barrier to transfer of climate friendly technology. In this discussion paper, this question of technology transfer, intellectual property rights is addressed in the context of climate change. Patent statistics shows the dominance of developed countries in ...
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Abstract
For mass customisation, companies are increasing their efforts to reduce cost and lead time when developing new products and services while satisfying individual customer needs. By sharing and reusing assets such as components, processes, information, and knowledge across a family of products and services, companies can efficiently develop a set of differentiated economic offerings by improving flexibility and responsiveness of product and service development. Based on extending the concepts from module-based product family design, this article introduces a methodology to develop ...
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Abstract
Legal contextAs China's World Trade Organization entry obliges the state to comply with international IP rights (IPR) treaties, China has now put in place an IPR strategy as the developmental strategy of the economy. Its enterprises have also responded to the strategy by harnessing IPRs and the IPR regimes to enhance their competitiveness vis-a-vis multinational corporations. Key pointsThis article examines (i) why China has formulated an IPR strategy; (ii) what the Chinese IPR strategy is about; and (iii) where Chinese ...
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Abstract
This article contributes to the literature on competition and innovation. It tests the impact of market regulation on innovation conditional to the closeness to the technological frontier with a panel of 15 industries for 17 OECD countries over the period 1979-2003. One of the main conclusions of this literature is that of a negative impact of regulation growing in intensity with the proximity to the frontier. A simple model of innovation and growth shows that one should not necessarily expect this ...
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Abstract
Research on Open Innovation has increasingly emphasised the role of communities in creating, shaping and disseminating innovations. However, the comparability of many studies has been hampered by the lack of a precise definition of the community construct, and the research on Open Innovation has to date not been well connected to insights from research on the role of transformational leaders and the networking of champions and promotors across organisational boundaries. For this reason, this paper introduces a new construct of 'innovation ...
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Abstract
10.1126/science.325_665a ...
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Abstract
10.1126/science.325_664 ...
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Abstract
The aim of this article is to contribute to an evaluation of the meaning and practical effects of the Trade-Related Intellectual Property Rights (TRIPS) agreement on public health issues. Section 2 presents the situation that prevailed for intellectual property (IP) protection in the pharmaceutical industry before the signing of the TRIPS, in both developed countries and developing countries (DCs). Section 3 is devoted to a presentation of the key changes that have taken place at the legal level with the signing ...
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Abstract
Major changes have been made over the past 20 years in the US intellectual property rights regime. These include the fact that the regime has been opened up to software patents and to business models, on one hand, and to living entities on the other—all within a general environment marked by the relaxation of patentability criteria. They have resulted in major changes in the US system of innovation—more specifically in the increasing privatisation of knowledge domains and activities that were previously ...
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Abstract
In this topic discussion paper, the legal and public policy issues surrounding the “novel” and “non-obvious” criterion that the US Patent and Trademark Office uses in awarding a patent are explored. The application of the latter criteria for granting a patent – that the invention be “non-obvious” – has been a significant concern for many firms in the telecommunications and information industries. Following an introduction discussing the Constitutional basis of intellectual property rights and the criteria employed by the US Patent ...
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Social Science Research Network Working Paper Series (03 August 2007)
Abstract
Congress is in the midst of the patent reform debate. Recently introduced legislation "The Patent Reform Act of 2007" (S. 1145 and H.R. 1908), would provide significant needed reforms to the system. A new ITIF paper examines the issue of patent reform and discusses recommendations. The paper focuses on three areas of reform. The first is patent delay. With over 700,000 pending patent applications in the U.S. Patent and Trademark Office (PTO) it can take 4 years to get a patent. ...
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Abstract
10.1126/science.1178326 ...
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(25 June 2008)
Abstract
Authored by standards experts from across industry, academia and private practice, this book serves as a resource for standards development organizations (SDOs), the lawyers who advise them and other participants involved in the process. It is a comprehensive set of annotated, policy- neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies. ...
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Abstract
A historical and theoretical analysis of the copyright environment demonstrates that both the economic rights associated with copyright and the moral rights often associated with copyright perform social functions. The latter have not been as universally embraced or adopted as the former. The lack of enthusiasm for moral rights is argued to be because the social utility of this aspect of the copyright regime has gone largely unrecognized. In fact, moral rights ensure that the information needs of the public are ...
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Social Science Research Network Working Paper Series (16 July 2009)
Abstract
Although there has been much commentary on patent claim interpretation methodology in general, very little has been written about the unique interpretation approach the Patent Office employs. The courts, starting with the Court of Customs and Patent Appeals and continuing with the Federal Circuit, instruct the Patent Office to give every applied-for claim its 'broadest reasonable interpretation' (BRI) during patent examination. This Article explores this special standard and concludes that not only are the previously articulated rationales behind the BRI standard ...
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(22 September 2008)
Abstract
Mr. Gurry outlined his priorities for the future and committed to the strategic realignment of the Organization. In particular, he addressed the challenge of finding an effective response to the growing demand for patent services around the world, as well as the need to examine the future of copyright in a rapidly evolving business and technological environment. He also identified the challenge of promoting respect for intellectual property rights in the face of widespread trade in counterfeit and pirated goods and ...
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Abstract
This judgment explains the German Federal Supreme Court's view of the circumstances in which the holder of an essential patent may obtain an injunction against unlicensed users of the patent, and when such an injunction may be barred. 10.1093/jiplp/jpp122 ...
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In Conference on Intellectual Property Rights and Public Policy Issues (14 July 2009)
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Abstract
Economists and strategic management theorists interested in sustained competitive advantage often examine firms' management of knowledge. Somewhat surprisingly, the interaction between knowledge creation and knowledge capture practices has received little attention. Using survey data from nearly 900 Australian firms we examine this issue, paying particular attention to whether knowledge capture impedes knowledge creation. We find that firms which favor closed-learning practices tend to rely more upon patents and secrecy, and eschew lead-time and brands as ways to capture profits. Firms that ...
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In INTELLECTUAL PROPERTY, TRADE AND DEVELOPMENT (2007)
Abstract
In this Article, we contend that the World Intellectual Property Organization’s proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side payments (in the form of trade concessions) to offset the rising costs of knowledge products. A free-standing instrument, such as the SPLT, would shrink the remaining flexibilities in the TRIPS Agreement with no side payments and no concessions to the catch-up strategies ...
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Abstract
The growing sophistication of component technologies and the rising costs and uncertainties of developing and launching new products require firms to collaborate in the development of new products. However, the management of new product development that occurs jointly between firms presents a new set of challenges in sharing the costs and benefits of innovation. Although collaboration enables each firm to focus on what it does best, it also introduces new issues associated with the alignment of decisions and incentives that have ...
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Nature Biotechnology, Vol. 22, No. 3. (March 2004)
Abstract
Before they fell into disfavor, legally independent affiliates of biotech companies - special purpose entities - had supported the development of several blockbuster drugs. Are they about to stage a comeback? ...
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Abstract
The impact of gene patents on downstream research and innovation are unknown, in part because of a lack of empirical data on the extent and nature of gene patenting. In this Policy Forum, the authors show that 20% of human gene DNA sequences are patented and that some genes are patented as many as 20 times. Unsurprisingly, genes associated with health and disease are more patented than the genome at large. The intellectual property rights for some genes can become highly ...
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