nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2017‒02‒19
five papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Digital design protection in Europe: Law, trends, and emerging issues By Filitz, Rainer; Henkel, Joachim; Ohnemus, Jörg
  2. Is it Luring Innovations or just Profit? The Case of European Patent Boxes By Stimmelmayr, Michael; Koethenbuerger, Marko; Liberini, Federica
  3. ICT: A new taxonomy based on the international patent classification By Takashi Inaba; Mariagrazia Squicciarini
  4. Cognitive abilities, institutions and software piracy: a note By Odilova, Shoirahon
  5. Catch Me if You Can: Effectiveness and Consequences of Online Copyright Enforcement By Peukert, Christian; Aguiar, Luis; Claussen, Jörg

  1. By: Filitz, Rainer; Henkel, Joachim; Ohnemus, Jörg
    Abstract: Digital designs - that is, designs for display on electronic screens - have recently burst onto the intellectual property (IP) stage. While in the U.S. a smattering of legal studies have recently addressed the question of digital design as a copyright-, trademark- and patent-eligible subject matter, a European perspective is still lacking in the literature. This study provides an overview of basic legal background to the protection of digital designs in Europe, explores firms'actual digital design protection behaviors, and highlights some important practical and doctrinal issues that warrant further study
    Keywords: digital designs,intellectual property,RCD,interviews,survey
    JEL: K11 O31 O34
    Date: 2017
  2. By: Stimmelmayr, Michael; Koethenbuerger, Marko; Liberini, Federica
    Abstract: The effectiveness of European patent boxes in triggering R\&D and fostering new patentable innovations is the subject of a growing debate. These regimes are considered liable of tax-favouring already successful ideas, without imposing a nexus between the final location of the intellectual property (IP) and its related innovation. This paper brings the debate forward onto the assessment of the quantitative impact of patent box regimes on profit shifting by multinational firms. Our empirical strategy builds on a difference-in-difference model comparing the pre-tax profit of European subsidiaries affiliated to firm conglomerates that owned patents long before the introduction of IP boxes, to that of European subsidiaries affiliated to firm conglomerates with no historical record of patent ownership. We find that European subsidiaries affiliated to foreign IP owners report, after the introduction of a local patent box, on average 2.5 to 3.9 percent higher profit compared to European subsidiaries affiliated to non-IP-owning conglomerates. For countries where the patent box regime incorporates a nexus clause, i.e. grants the IP related tax benefit only to newly created IP, we find no significant difference in the profits of the two groups.
    JEL: H26 F23 C23
    Date: 2016
  3. By: Takashi Inaba; Mariagrazia Squicciarini
    Abstract: This work proposes a definition of Information and Communication Technologies (ICT) based on the technology classes of the International Patent Classification (IPC) in which patents are classified. This new taxonomy, called the “J tag”, aligns with the definitions of the ICT sector (2007) and of ICT products (2008) put forward by the OECD, and stems from the in-depth knowledge of Japan Patent Office experts, as well of experts from the Intellectual Property (IP) Offices participating in the OECD-led IP Task Force. Expert judgment of patent class content, relevance for ICT-related products, completeness and accuracy are the principles guiding the inclusion of IPC classes in the “J tag” taxonomy. ICT technologies are subdivided into 13 areas defined with respect to the specific technical features and functions they are supposed to accomplish (e.g. mobile communication), and details provided about the ways in which technologies relate to ICT products.
    Date: 2017–02–18
  4. By: Odilova, Shoirahon
    Abstract: The aim of this research note is to explore the correlation between cognitive abilities and software piracy rates in a sample of more than 100 nations. The results reported in this paper suggest that cognitive capital has significant and negative effect on software piracy rates. Moreover, the effect of democracy on software piracy is stronger in high-IQ societies.
    Keywords: cognitive abilities, software piracy, democracy
    JEL: F0
    Date: 2017
  5. By: Peukert, Christian; Aguiar, Luis; Claussen, Jörg
    Abstract: Taking down copyright-infringing websites is a way to reduce consumption of pirated media content and increase licensed consumption. We analyze the consequences of the shutdown of the most popular German video streaming website - - in June 2011. Using individual-level clickstream data, we find that the shutdown led to significant but short-lived declines in piracy levels. The existence of alternative sources of unlicensed consumption, coupled with the rapid emergence of new platforms, led the streaming piracy market to quickly recover from the intervention and to limited substitution into licensed consumption. Our results therefore present evidence of a high elasticity of supply in the online movie piracy market, together with relatively low switching costs for users of copyright infringing platforms. The fact that the post-shutdown market structure was much more fragmented - and therefore more resistant to future interventions - further questions the effectiveness of the intervention.
    JEL: L82 K42 L11
    Date: 2016

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