nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2016‒02‒23
five papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Patent hold-up and royalty stacking: the case of multiple downstream firms By Karbowski, Adam; Prokop, Jacek
  2. The Bright Side of Patents By Farre-Mensa, Joan; Hegde, Deepak; Ljungqvist, Alexander P.
  3. Patent regulation in North-South and South-South Trade Agreements By Salam Alshareef
  4. International Technology Diffusion of Joint and Cross-border Patents By Chang, C-L.; McAleer, M.J.; Tang, J-T.
  5. The Impact of Researcher Diversity on Firms' Patent Application Activity (Japanese) By EDAMURA Kazuma; INUI Tomohiko

  1. By: Karbowski, Adam; Prokop, Jacek
    Abstract: The objective of this paper is twofold. First, we study the patent hold-up problem in game-theoretic framework. We show that in subgame perfect equilibrium of the patent hold-up game the innovating manufacturer exerts reduced effort to develop the new product and the patent holder obtains the entire value of product innovation. Second, we show that royalty stacking, which is believed to magnify the patent hold-up, may cause less severe problems than the ones predicted by Lemley and Shapiro [11] when competition on the downstream product market is introduced.
    Keywords: patent hold-up,royalty stacking,downstream competition
    JEL: O32 O34
    Date: 2015
  2. By: Farre-Mensa, Joan; Hegde, Deepak; Ljungqvist, Alexander P.
    Abstract: Motivated by concerns that the patent system is hindering innovation, particularly for small inventors, this study investigates the bright side of patents. We examine whether patents help startups grow and succeed using detailed micro data on all patent applications filed by startups at the U.S. Patent and Trademark Office (USPTO) since 2001 and approved or rejected before 2014. We leverage the fact that patent applications are assigned quasi-randomly to USPTO examiners and instrument for the probability that an application is approved with individual examiners’ historical approval rates. We find that patent approvals help startups create jobs, grow their sales, innovate, and reward their investors. Exogenous delays in the patent examination process significantly reduce firm growth, job creation, and innovation, even when a firm’s patent application is eventually approved. Our results suggest that patents act as a catalyst that sets startups on a growth path by facilitating their access to capital. Proposals for patent reform should consider these benefits of patents alongside their potential costs.
    Keywords: entrepreneurship; innovation; patents; R&D; venture capital
    JEL: D23 G24 L26 O34
    Date: 2016–02
  3. By: Salam Alshareef (CREG - Centre de recherche en économie de Grenoble - Grenoble 2 UPMF - Université Pierre Mendès France)
    Abstract: The article provides a comparative examination of patent provisions in both North-South and South-South Preferential Trade Agreements (PTAs). It assesses whether the flexibilities of World Trade Organization Agreement on trade-related aspect Intellectual Property Rights (TRIPS), are getting eliminated, preserved or affirmed in the studied PTAs. The article studies the PTAs of both the United States and European Union with developing countries as examples of North-South agreements, and the PTAs of both China and India with developing countries as examples of South-South agreements. The PTAs of US show systematic efforts to eliminate TRIPS flexibilities. EU chapters on IP engage partner countries to accede or comply with WIPO treaties in its earlier versions, and converge toward US approach in its latest versions. By contrast, China PTAs affirm commitment under TRIPS and emphasis some of its flexibilities. Patent related issues are absent from India’s PTAs.
    Keywords: patent , TRIPS flexibilities , Preferential Trade Agreements , TRIPS plus
    Date: 2015–10–15
  4. By: Chang, C-L.; McAleer, M.J.; Tang, J-T.
    Abstract: __Abstract__ With the advent of globalization, economic and financial interactions among countries have become widespread. Given technological advancements, the factors of production can no longer be considered to be just labor and capital. In the pursuit of economic growth, every country has sensibly invested in international cooperation, learning, innovation, technology diffusion and knowledge. In this paper, we use a panel data set of 40 countries from 1981 to 2008 and a negative binomial model, using a novel set of cross-border patents and joint patents as proxy variables for technology diffusion, in order to investigate such diffusion. The empirical results suggest that, if it is desired to shift from foreign to domestic technology, it is necessary to increase expenditure on R&D for business enterprises and higher education, exports and technology. If the focus is on increasing bilateral technology diffusion, it is necessary to increase expenditure on R&D for higher education and technology.
    Keywords: International Technology Diffusion, Exports, Imports, Joint Patent, Cross-border Patent, R&D, Negative Binomial Panel Data.
    JEL: F14 F21 O30 O57
    Date: 2015–05–15
  5. By: EDAMURA Kazuma; INUI Tomohiko
    Abstract: This paper empirically analyzes the impact of researcher diversity on firms' patent application activity. To account for diversity, we focus on their gender, doctorate degree, research field, and age. For firms' patent application activity, we use the number of patent applications and patent diversity as measured by an international patent classification. A poisson model regression for the count data of patents and ordinary least squares (OLS) regression for patent diversity using Japanese firm level-data show that firms with more female researchers and doctorate degree-holding researchers actively filed for patent applications. However, the relationship between the two groups and firms' patent activity is an inversed-U shape. In addition, the regressions show that firms that employ researchers without research field biases and with a flat age composition filed for patent applications more actively. The results suggest that a rich diversity of researchers in firms advances the research and development (R&D) activity.
    Date: 2016–02

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