nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2015‒07‒25
seven papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Measuring Recovery: The Impact of Exempting the Pharmaceutical Industry from Patent Reviews By Dean Baker
  2. Patent collateral, investor commitment and the market for venture lending By Yael V. Hochberg; Carlos J. Serrano; Rosemarie H. Ziedonis
  3. Legislation on Intellectual Property in the Russian Federation: Novels Introduced in the Civil Code of R.F. By the Federal Law of March 12, 2014 ¹ 35 Fz By Eduard P.Gavrilov
  4. Inventing Prizes: A Historical Perspective on Innovation Awards and Technology Policy By B. Zorina Khan
  5. Full versus partial collusion among brands and private label producers By Hasnas, Irina; Wey, Christian
  7. The Effects of Copyright Law on Chinese Media Innovation By Wenjuan Zuo

  1. By: Dean Baker
    Abstract: This paper analyzes the impact of an amendment to Senate Bill 1137, offered by Senator Thomas Tillis, which would exempt patents related to pharmaceuticals and biological products from the Inter Partes Review (IPR) process. The IPR process was established in the America Invents Act, which was passed and signed into law in 2012. The process is intended to provide a quick and low-cost way in which dubious patent claims can be challenged by those who might be affected. In the first two years in which it was in place, almost one-third of challenged claims were canceled or removed according to data from the United States Patent and Trademark Office (USPTO). Based on this data, the paper argues that the IPR process appears to be an effective mechanism for quickly removing dubious patent claims before they impose major costs on the economy.
    Keywords: patents, pharma, pharmaceutical, inter partes review, drugs
    JEL: I I1 I18
    Date: 2015–07
    Abstract: This paper investigates the market for lending to technology startups (i.e. venture lending) and examines two mechanisms that facilitate trade within it: the ’saleability’ of patent collateral and financial intermediaries. We find that intensified trading in the secondary market for patent assets increases the annual rate of startup lending, particularly for startups with more re-deployable patent assets. Moreover, we show that the credibility of venture capitalist commitments to refinance and grow fledgling companies is vital for startup debt provision. Following a severe and unexpected capital supply shock for VCs, we find a striking flight to safety among lenders, who continue to finance startups whose investors are better able to credibly commit to refinancing their portfolio companies, but withdraw from otherwise promising projects that may have most needed their funds. The findings are consistent.
    Keywords: fi nancing innovation, patent collateral, venture capital, market for patents.
    JEL: L14 L26 G24 O16 O3
    Date: 2015–07
  3. By: Eduard P.Gavrilov (National Research University Higher School of Economics)
    Abstract: This paper is a short English version of my various articles on this topic published in Russian, in journals: «The business and the law» (Chozjaistvo i pravo) and «The patents and licenses» (Patenti i licenzii). As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008: on this day Russian intellectual property legislation was codified, included in the text of the Civil code of the Russian Federation as part fourth of the Civil Code (CC). Part fourth of the Russian CC (Federal law ¹230-FZ, 2006) entered into force on January 1, 2008. Second Revolution in this field took place during 2014: Federal law ¹35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the first 2014. The essence and evaluation of these amendments is the subject matter of this paper. Factually the Federal Law ¹35-FZ (2014) is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantional. As far as amendments introduced by the law ¹35-FZ (2014) are concerned, they are numerous and very, very substantional. I cannot say that the law ¹35-FZ (2014) represents a new Revolution in the field of intellectual property legislation of my country, but I convinced, that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Before entering into force of the law ¹35-FZ (2014) (thereafter - law 35-FZ), the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds to it new seven articles
    Keywords: K19
    Date: 2015
  4. By: B. Zorina Khan
    Abstract: Prizes for innovations are currently experiencing a renaissance, following their marked decline during the nineteenth century. However, Daguerre’s “patent buyout,” the longitude prize, inducement prizes for butter substitutes and billiard balls, the activities of the Royal Society of Arts and other “encouragement” institutions, all comprise historically inaccurate and potentially misleading case studies. Daguerre, for instance, never obtained a patent in France and, instead, lobbied for government support in a classic example of rent-seeking. This paper surveys empirical research using more representative samples drawn from Britain, France, and the United States, including “great inventors” and their ordinary counterparts, and prizes at industrial exhibitions. The results suggest that administered systems of rewards to innovators suffered from a number of disadvantages in design and practice, some of which might be inherent to their non-market orientation. These findings in part explain why innovation prizes lost favour as a technology policy instrument in both the United States and Europe in the period of industrialization and economic growth.
    JEL: N80 O3 O31
    Date: 2015–07
  5. By: Hasnas, Irina; Wey, Christian
    Abstract: We analyze the incentives to collude when brand manufacturers compete with a private label producer of inferior quality. Full collusion is easier to sustain than partial collusion from the brands.perspective when horizontal differentiation is large and vertical differentiation is small. The private label firm is better off under full collusion than under partial collusion if goods are sufficiently homogenous (horizontal and/or vertical). Partial collusion could be preferred by the private label exactly when full collusion is easier to sustain. Improving the private label's quality makes full collusion more likely, either because it relaxes the brand producers' incentive constraint or because it shifts the preference of the private label firm from partial collusion to full collusion. Fully collusive behavior reveals itself through a nonnegative price effect on the brands' side caused by a quality increase of the private label good.
    Keywords: Oligopoly,Product Differentiation,Private Label,Collusion
    JEL: L11 L13
    Date: 2015
  6. By: Nuri Calik (Turgut Ozal University Faculty of Economics and Administrative Sciences Department of Business Administration)
    Abstract: This study intends to find out the different attitudes of of Turkish consumers towards counterfeits (and sometimes called as pirated versions) of branded luxury items. A survey on 540 respondents who are selected via stratified sampling of whom 536 are found eligible to be analyzed. The respondents are required to answer 35 questions of which five are related to demographic characteristics of these respondents. The rest 30 are statements which are designed to reflect the behavior of these people. The study consists of five parts. The first part is an introduction where the scope and the purpose of the study are concisely stated. The second part relates to the theoretical background of the subject matter and the prior researches carried out so far. The third part deals with research methodology, basic premises and hypotheses attached to these premises. Research model and analyses take place in this section. Theoretical framework is built and a variable name is assigned to each of the question asked or proposition forwarded to the respondents of this survey. 30 statements or propositions given to the respondents are placed on a five-point Likert scale. The remaining five questions about demographic traits as age, gender, occupation, educational level and monthly income are placed either on a nominal or ratio scale with respect to the nature of the trait. Ten research hypotheses are formulated in this section. The fourth part mainly deals with the results of the hypothesis tests and a factor analysis is applied to the data on hand. Here exploratory factor analysis reduces 30 variables to five basic components as "Favor for counterfeits; luxury-oriented social status; risk perception; brand loyalty and brand prestige. Cronbach's Alpha for scale reliability is quite high (
    Keywords: Price-quality inference, brand loyalty, ethical issues, intention to buy, risk perception, personal gratification.
    JEL: M31
  7. By: Wenjuan Zuo (Wuhan Media and Communications College of Central China Normal University)
    Abstract: The recent case between Qiong Yao, a famous Chinese writer, and the screenwriter/director Yu Zheng has raised much controversy within the Chinese society. In this case, Yu has been accused of infringing Qiong’s copyright work by shooting it into a movie without license. Irrespective of the vast social influences, the case per se, from a legal perspective, is not as heavily disputed. However, for those who work in the media industry, this case raises the alarm that China as a country has gradually formed the idea of copyright protection. This process inevitably will be a painful one since most of the media workers, in the process of pursuing goals with media values such as unveiling the truth of a event, and the production of a media innovation such as a type of new television program, can no longer ignore the effects of copyright law on media innovation during the age of new media. Existing literature fails to examine the myriad relationship between copyright law and media to clearly indicate the role that copyright law should play in the media sector.This paper analyzes the rationales behind the Chinese media culture and answers why media worker in China, in the transition period of new media, have often lack the incentives or motivations in media innovation. This can be exemplified by the fact that Chinese tends to buy licensed TV programs such as “China’s Got Talent” or the “Where Is My Father”, the copyright of which belong to foreign owned corporations. This paper seeks to answer this question from the perspective of the relationship between copyright law protection and media, i.e., is copyright law an impeding factor that serves to hold back media production innovation? If so, how should the conflict between law and media innovation be resolved? The prevailing principle of “the idea and expression dichotomy”, from the perspective that idea is not legally protected but only expression is, has caused considerable confusion among media workers. What seems to be a perfectly reasonable legal principle might appear absolutely unreasonable in the media industry. This paper conducts interdisciplinary research on the effects of copyright law on Chinese media.The conclusion of this case will contribute to clarifying existing confusions between copyright law and media as described above, and strives to conclude a guidance that Chinese media workers can follow in pursuing media achievements while not violating copyright laws.
    Keywords: Chinese Copyright Law, Media Innovation in China, Law and Media, Chinese TV program

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