nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2010‒05‒29
five papers chosen by
Roland Kirstein
Otto von Guericke University Magdeburg

  1. The Quality Factor in Patent Systems By Bruno van Pottelsberghe de la Potterie
  2. The Institutional Sources of Innovation in Korean and UK Online Gaming Firms By Denise Tsang
  3. Are systems of innovation in Eastern Europe efficient?. By Kravtsova, V.; Radošević, S.
  4. Institutional environment, innovative entrepreneurial entry and venture capital financing. By Fazio, G.; Mickiewicz, T.
  5. Generic drug pricing in Canada: components of the value-chain By Aidan Hollis

  1. By: Bruno van Pottelsberghe de la Potterie
    Abstract: This paper puts forward a new methodology that aims at comparing quality across patent systems. Quality is defined as the extent to which patent offices comply with the legal standards that rule patentability conditions (novelty, inventiveness, transparency). The methodology consists in a two-layer analytical framework composed of "legal standards" and their "operational design". Operational designs include several elements that frame the rigour and transparency of the filtering processes. The in-depth analysis of these two layers for the patent offices of the USA (USPTO), Japan (JPO) and Europe (EPO) lead to the following conclusions. The operational designs’ components are interdependent and form a coherent system. This systemic approach underlines that if legal standards are similar across countries, their operational design are heterogeneous. The empirical evidence suggests that the EPO provides higher quality services than the USPTO, the JPO being in an intermediate position. These differences call for a multi-faceted convergence of patent systems before worldwide mutual recognition and worksharing practices are to be put in place.
    Keywords: Patent system, quality, patent propensity, intellectual property..
    JEL: O30 O31 O34 O38 O57
    Date: 2010
  2. By: Denise Tsang (School of Management, University of Reading)
    Abstract: This paper examines the institutional sources of innovation, with reference to the role of institutions in generating creativity within knowledge-intensive entertainment industry. Despite growing importance of innovation in the knowledge industry, including interactive games, the ‘informal’ source of innovation has attracted relatively little attention. We have attempted to fill this gap with a comparative case study of indigenous UK and Korean online gaming firms. By closely looking at the idea exploration, generation and selection process where creativity plays a major role, we intend to find out why and how values and norms contribute to firm innovation. This study shows that both Korean and UK’s firm value, regardless of their different socio-economic contexts, plays an important role in generating innovation. An additional point suggested in this paper is that the Korean game development firms are likely to take advantage of governmental policy support, in order to overcome inadequate institutional settings, in conjunction with the initial conditions of online gaming development.
    Keywords: Online gaming industry, Institution, Innovation, Firm culture, Public policy
    Date: 2010–05–04
  3. By: Kravtsova, V.; Radošević, S.
    Abstract: This paper explores the determinants of the productivity in the countries of Eastern Europe (EE) through the perspective of ‘narrow’ and ‘broad’ national systems of innovation (NSI). Based on panel econometrics it examines the extent to which systems in EE could be considered ‘(in)efficient’. Our results suggest that the EE countries have lower levels of productivity than might be expected given their research and development (R&D), innovation and production capabilities. The inefficiencies of ‘broad’ NSI are compounded by the inefficiencies of ‘narrow’ NSI in terms of generating numbers of science and technology publications and resident patents relative to R&D employment, compared to the rest of the world. Our results point to an important distinction between technology and production capability as the drivers of productivity improvements, and provide some policy implications.
    Date: 2009–11
  4. By: Fazio, G.; Mickiewicz, T.
    Abstract: We analyse the determinants of high growth expectations entrepreneurial entry (HGE) using individual data drawn on working age population, based on the Global Entrepreneurship Monitor (GEM) surveys for the 1998-2004 period. Individual level explanatory variables are combined with country-level factors. Our results suggest that availability of venture capital and intellectual proper rights protection are strong predictors of HGE. In addition, we also find that innovative start-ups are associated with highest growth expectations in countries with extensive supply of venture capital and strongest intellectual property rights. Once we introduce venture capital, we detect no significant effects of other elements of financial systems on high-powered entry.
    Date: 2009–11
  5. By: Aidan Hollis
    Abstract: The problem of obtaining fair pricing for generic drugs has led to a series of regulatory measures in Canadian provinces. This paper offers a new way of thinking about the problems that need to be addressed, by considering three core components of the value chain of getting generic drugs to Canadians: litigation, production, and pharmacy services. The paper proposes that each component of this value chain should be paid for separately, using a royalty to reward successful litigation that benefits payers; a competitive market framework to pay for production; and a transparent, independent regulatory process to set dispensing fees for pharmacies. This approach would enable the total expenditures to match costs, would enable provinces to set appropriate quality and convenience standards for pharmacy, and would provide a measure of predictability for investors. The paper emphasizes that it is important to establish a separate mechanism for rewarding litigation that eliminates invalid patents. The savings to Canadians from such litigation exceeds one billion dollars annually. Without addressing the need to reward this valuable activity, it is dangerous for payers to drive down generic prices, since generic firms will lack incentives to invest in costly litigation. The paper also encourages governments to establish independent regulatory authorities to set fair fees for pharmacies by employing processes similar to those used in other price regulation agencies.
    Date: 2010–01–17

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