nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2008‒08‒21
five papers chosen by
Roland Kirstein
Otto von Guericke University Magdeburg

  1. Inventor Moral Hazard in University Licensing: The Role of Contracts By Emmanuel Dechenaux; Jerry Thursby; Marie C. Thursby
  2. Licensing and Business Models By Onetti Alberto; Verma Sameer
  3. Technology sourcing by large incumbents through acquisition of small firms By Marcus Wagner
  4. The Impact of FDI on Innovation in Target Firms By Joel Stiebale; Frank Reize
  5. Intellectual Property and Public Health: An Overview of the Debate with a Focus on U.S. Policy By Carsten Fink

  1. By: Emmanuel Dechenaux; Jerry Thursby; Marie C. Thursby
    Abstract: We examine commonly observed forms of payment, such as milestones, royalties, or consulting contracts as ways of engaging inventors in the development of licensed inventions. Our theoretical model shows that when milestones are feasible, royalties are not optimal unless the licensing firm is risk averse. The model also predicts the use of consulting contracts which improve the firm's ability to monitor inventor effort. Because these contracts increase the firm's expected profits, the upfront fee that the university can charge is higher than otherwise. These results therefore support the commonly observed university policy of allowing faculty to consult with licensing firms outside of their university contracts. They also support firm policies of including milestones. An empirical analysis based on a survey of 112 businesses that license-in university inventions supports the complementarity of milestones and consulting suggested by the theory.
    JEL: D82 L14 O3
    Date: 2008–08
    URL: http://d.repec.org/n?u=RePEc:nbr:nberwo:14226&r=ipr
  2. By: Onetti Alberto (Department of Economics, University of Insubria, Italy); Verma Sameer (Associate Professor in Information Systems – San Francisco State University – College of Business)
    Abstract: License affects software companies’ business activities. While proprietary software vendors create custom licenses, open source companies have less flexibility. The Open Source Initiative (OSI) defines a list of 72 licenses as open source (“OSI approved”). For a project to follow open source licensing, it has to pick licenses from this set. Logically, we expect that an open source company defines its business model around the license that it selects. Thus, we can assume that business model decisions follow license choice. In our research we find that in some cases open source companies remove these license constraints for business reasons. We observed cases of open source companies moving from one OSI-approved license to another or companies innovating by adding additional terms. In all these cases, the decision of change is based on the license being a poor fit with their business goals. Not all open source companies are entitled to change the license because this option is available only to companies that own intellectual property. If they do not, they can try to reshape their business model, but that remains a suboptimal option. Whether cognizant of it or not, organizations are implicitly choosing a business model when they select a license. Therefore, it is very important to address licensing and business model decisions as one system instead of a disjointed two-step process. For this purpose we introduce (1) an evolutionary model where license selection and business model impact each other and (2) a taxonomy that addresses both licensing and business models. Our approach helps practitioners include revenue considerations in the licensing choice and researchers to more accurately study the antecedents and consequences of license choice.
    Date: 2008–07
    URL: http://d.repec.org/n?u=RePEc:ins:quaeco:qf0805&r=ipr
  3. By: Marcus Wagner
    Abstract: Innovation activities in high technology industries provide considerable challenges for technology and innovation management. In particular, since these industries have a long history of radical innovations taking place through distinct industry cycles of higher and lower demand, firms frequently consider the option to use acquisitions as a means for technology sourcing. The paper investigates this behaviour for three high technology industries, namely semiconductor manufacturing, biotechnology and electronic design automation which is a specific sub-segment of the semiconductor industry. It analyses the association of firm characteristics with different aspects of acquisition behaviour with a particular focus being put on innovation-related firm characteristics. The paper confirms a substitutive relationship between acquisitions and own research activities as well as between own and acquired firm patenting, but also finds that firm size, financial conditions and geographical origin of the firm matter for acquisition behaviour.
    Keywords: Acquisition, innovation, high technology, quantitative methods, research, R&D
    JEL: L10 L86 M20
    Date: 2008
    URL: http://d.repec.org/n?u=RePEc:hum:wpaper:sfb649dp2008-055&r=ipr
  4. By: Joel Stiebale; Frank Reize
    Abstract: This paper contributes to the ongoing debate on the welfare effects of foreign direct investment by investigating the effects of cross-border mergers and acquisitions on innovation activities in target firms. The empirical analysis is based on survey and ownership data for a large sample of small- and mediumsized German firms. After controlling for endogeneity and selection bias, it is found that foreign takeovers have a large negative impact on the propensity to perform innovation activities and a negative impact on average R&D expenditures in innovative firms. Furthermore, innovation output, measured as the share of sales from product innovations is not significantly affected by a foreign takeover for a given amount of innovation efforts. Hence, the estimation results do not show any evidence of significant technology spillovers through foreign direct investment in form of a higher innovation success.
    Keywords: Multinational enterprises, mergers and acquisitions, innovation
    JEL: D21 F23 G34 C31 O31 O33
    Date: 2008–07
    URL: http://d.repec.org/n?u=RePEc:rwi:repape:0050&r=ipr
  5. By: Carsten Fink
    Abstract: Over the past fifteen years, the United States and other developed countries have employed trade agreements to substantially strengthen the protection of intellectual property rights for pharmaceutical products in the developing world. The associated rules changes have already had an effect on pharmaceutical prices in developing countries, prompting conflicts between developing country governments seeking to promote drug access and Western pharmaceutical companies wishing to protect their exclusive rights. If anything, such conflicts are bound to intensify as more patent protected drugs enter pharmaceutical markets outside rich countries. This paper describes the global shift in intellectual property policies and employs economic analysis to evaluate its consequences for developing countries. It also puts forward several recommendations for policymakers in developing countries and in the United States, seeking to better reconcile innovation incentives and access needs.
    Keywords: intellectual property, international health, public health
    Date: 2008–06
    URL: http://d.repec.org/n?u=RePEc:cgd:wpaper:146&r=ipr

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