nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2015‒01‒14
six papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Are Patent Fees Effective at Weeding out Low-quality Patents? By Gaétan de Rassenfosse; Adam B. Jaffe
  2. Investigating the impacts of technological position and European environmental regulation on green automotive patent activity By Nicolò Barbieri
  3. Foreign direct R&D investment in Central Europe: where do we stand? By Eric Rugraff
  4. How To Balance Interests: Comparative Legal Aspects On The Limitation Of Copyright In International Law By Tatiana Brazhnik
  5. Branding insights: an interdisciplinary journey from perception to action By Andrei, Andreia Gabriela; Adriana, Zait
  6. Intangible-Intensive Profile Of A Company: The Key To Outperforming By Elena Shakina; Angel Barajas

  1. By: Gaétan de Rassenfosse; Adam B. Jaffe
    Abstract: The paper investigates whether patent fees are an effective mechanism to deter the filing of low-quality patent applications. The study analyzes the effect of the Patent Law Amendment Act of 1982, which resulted in a substantial increase in patenting fees at the U.S. Patent and Trademark Office, on patent quality. Results from a series of difference-in-differences regressions suggest that the increase in fees led to a weeding out of low-quality patents. About 16–17 per cent of patents in the lowest quality decile were filtered out. The figure reaches 24–30 per cent for patents in the lowest quality quintile. However, the fee elasticity of quality decreased with the size of the patent portfolio held by applicants. The study is relevant to concerns about declines in patent quality and the financial vulnerability of patent offices.
    JEL: K2 O31 O34 O38
    Date: 2014–12
  2. By: Nicolò Barbieri (University of Bologna, Italy; Ingenio CSIC-UPV, Valencia, Spain.)
    Abstract: Using patent data on 355 applicants patenting to the European patent offices from 1998 to 2010 on environmental road transport technologies, we investigate under what conditions the European environmental transport policy portfolio and the intrinsic characteristics of assignees’ knowledge boost worldwide green patent production. Our findings suggest that post-tax fuel prices, environmental vehicle taxes, CO2 standards and European emission standards, introduced in the empirical model through an innovative methodology based on Self-Organising Maps (SOM) (Kohonen, 1990; 2001), positively influence the creation of environmental inventions. Most importantly, we advocate that assignees anticipate the introduction of those emission standards, filing patents before the effective implementation of regulations when legislations are announced. Furthermore, we provide evidence that in a technological space (which measures the applicants’ technological proximity), closely located organisations enhance their patent output through the exploitation of technological knowledge produced by others. This means that the greater the proximity between assignees, the higher their likelihood of taking advantage of the knowledge produced by others. Finally, we observe that dynamic changes (both in quantity and in the number of technological fields engaged) in assignees’ patent portfolios spur inventive performances.
    Keywords: Environmental patents, environmental policies, Self-Organising Maps, road transport technologies, European emission standards, fuel prices
    JEL: O31 O38 Q55 L62
    Date: 2014–12
  3. By: Eric Rugraff
    Abstract: This article questions the nature of the foreign direct R&D investments in Central Europe. Do the affiliates of the multinationals still undertake adaptive R&D? Have they recently engaged in innovative R&D activities in their Central European affiliates? We assess the nature of the R&D activities of the multinationals in Central Europe in three steps. In a first step we use the OECD database on foreign direct R&D expenditure and personnel to compare the foreign affiliates’ R&D intensity with the indigenous firms’ R&D intensity. We find few differences between the two families of firms. In a second step we use patents granted to foreigners in Central Europe as a variable proxy to assess the evolution of innovative R&D activities in Central Europe. We find that the patenting activities of foreigners rose with the increase of their R&D investments in Central Europe. We also suggest that the Central European affiliates still have a marginal position in the patenting strategy of the multinationals. In a third step we focus on the patent data of the foreign affiliates in the Czech Republic – the Central European leader as regards of foreign direct R&D investments –, in the major foreign direct R&D sectors – electronics, electrical equipment, machinery and motor vehicles –. We build a sample made of the ten multinationals representing the most active R&D investors in the country and assess the recent evolution of their patenting activity. We suggest that, (a) even these major R&D investors still only marginally apply for patents in their Czech affiliates; (b) there is no under-evaluation of the innovation activity of the Czech affiliates due to a geographical separation of inventions – in the Czech Republic – and patent location – in Western Europe; (c) the researchers working in the Czech affiliates are still not sufficiently oriented towards innovation activities to be integrated in the patenting-oriented international teams built by the multinationals. Foreign direct R&D investments in Central Europe remain mostly production supportive and associated with the international exploitation of technology produced in the Western headquarters and affiliates. Despite the strong engagement of the Czech government towards foreign direct R&D, real innovative R&D increases very slowly.
    Keywords: business R&D, multinationals, Central Europe, innovative R&D, patents.
    Date: 2014
  4. By: Tatiana Brazhnik (National Research University Higher School of Economics)
    Abstract: The present article is motivated by the growing interest in the problem of copyright limitation and the comparatively low interest in the problem of legal system connections. Despite the fact that differences in regulation have been recognised for a long period of time, there is still no harmonization in the field. Although recent research works are numerous, it is still not agreed whether common law family or continental law family is better for international use. The issue at hand is influenced by the significant importance of the internet and electronic commerce. Moreover, it addresses the more fundamental question of the division of legal systems. This paper analyses both approaches; shows doctrinal differences in copyright limitation principles; reveals the connection between regulatory frames and existing legal systems; describes the current and potential pitfalls of framework clashes; and identifies modern global legal trends. The findings demonstrate the dependence of recent legal decisions and norms on the philosophical approach applied in a country. In addition, the paper suggests different steps and models of regulatory unification. The theoretical contribution of the work can help the development of new copyright limitation schemes and harmonize international law on this issue
    Keywords: copyright, copyright limitation, common law family, continental law, intellectual property, intellectual rights, “open” regime, “close” regime.
    JEL: O34
    Date: 2014
  5. By: Andrei, Andreia Gabriela; Adriana, Zait
    Abstract: Our interdisciplinary study examines the brand's perceived intentions and ability, as predictors of consumer behavior. In an attempt of answering a call for research in the branding area, we found out contradictory views, both of them based on strong arguments, including empirical results. Each view has been examined by the lens of branding, social cognition and behavioral theory. We found convergent findings from cognitive psychology and behavioral theory to support one of the two views and to extract a hypothesis. Thus, we hypothesized that an effective branding process, meant to achieve both consumer trust and sales objectives, should address the brand's perceived intentions before ability. We suggest that further empirical studies are needed to test the hypothesis, although for some particular cases, tests confirmed the priority of intentions. Overall, our paper offers an integrative view of consumer underlying behaviors revealed by results of other social sciences and how should be used in brand construction process. The benefits of updating branding theories by integrating results confirmed by other social sciences are discussed.
    Keywords: brand perception; brand image; brand trust;
    JEL: M31
    Date: 2014–10–02
  6. By: Elena Shakina (National Research University Higher School of Economics); Angel Barajas (National Research University Higher School of Economics)
    Abstract: This study explores corporate strategies regarding intangibles. We argue that companies consciously or unconsciously follow particular investment strategies in intangibles by allocating resources among intangible assets. The key contribution of our research is a new way to classify companies according to intangibles employed. The research question is if intangible-intensive profile exists. For the purpose of our each profile is identified on the intersection of the relevant theory of intellectual capital and empirical investigation. The intellectual capital concept enables elaboration of the framework of each company’s profile. The empirical analysis provides us with the clusters matched with the theoretical framework. The database consists of about 1700 listed European companies observed from 2004 till 2011. The database includes figures from annual statistics and financial reports. The information about intangibles was collected from publicly available sources like company websites, patent and information bureaus, and rating agencies. As a result more than 20 indicators are involved in the analysis. K-means clustering allows us distinguishing four major profiles of intangible-intensive companies. The empirical analysis allows identification of three profiles of companies: two of them (innovative and conservative) represent intangible intensive strategy. The third profile that doesn’t have clear priorities in intangibles was called in this study moderate (low) and was used as a benchmark to examine if intangible-intensive profiles enable better performance.
    Keywords: intangibles, strategic profile, companies’ performance
    JEL: O30 G30
    Date: 2014

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