nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2017‒04‒23
six papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation By Gaessler, Fabian; Lefouili, Yassine
  2. How Antitrust Enforcement Can Spur Innovation By Watzinger, Martin; Fackler, Thomas A.; Nagler, Markus
  3. Impact of Patent Scope on subsequent Inventions: Findings from a new Measure By OKADA, Yoshimi; NAITO, Yusuke; NAGAOKA, Sadao
  4. Patent Applications – Structures, Trends and Recent Developments 2015 By Neuhäusler, Peter; Rothengatter, Oliver; Frietsch, Rainer
  5. Rebranding Syngrou: Changing the image of Syngrou Avenue, in Greece By Metaxas, Theodore; Liapis, Alexandros
  6. Rational and Emotional Messages Amid Online News Exposure of the Brand By Boonchai Hongcharu

  1. By: Gaessler, Fabian; Lefouili, Yassine
    Abstract: This paper examines court selection by plaintiffs in patent litigation. We build a forum shopping model that provides a set of predictions regarding plaintiffs' court preferences, and the way these preferences depend on the market proximity between the plaintiff and the defendant. Then, using a rich dataset of patent litigation at German regional courts between 2003 and 2008, we estimate the determinants of court selection with alternative-specific conditional logit models. In line with our theoretical predictions, our empirical results show that plaintiffs prefer courts that have shorter proceedings, especially when they compete against the defendants they face. Further, we find negative effects of the plaintiff's, as well as the defendant's, distance to court on the plaintiff's court selection. Our empirical analysis also allows us to infer whether plaintiffs perceive a given court as more or less pro-patentee than another one.
    Keywords: Litigation, patents, forum shopping, Germany.
    JEL: K41 L38 O34
    Date: 2017–03
  2. By: Watzinger, Martin (University of Munich); Fackler, Thomas A. (University of Munich); Nagler, Markus (University of Munich)
    Abstract: We study the 1956 consent decree against the Bell System to investigate whether patents held by a dominant firm are harmful for innovation and if so, whether compulsory licensing can provide an effective remedy. The consent decree settled an antitrust lawsuit that charged Bell with having foreclosed the market for telecommunications equipment. The terms of the decree allowed Bell to remain a vertically integrated monopolist in the telecommunications industry, but as a remedy, Bell had to license all its existing patents royalty-free. Thus, the path-breaking technologies developed by the Bell Laboratories became freely available to all US companies. We show that in the first five years compulsory licensing increased follow-on innovation building on Bell patents by 17%. This effect is driven mainly by young and small companies. Yet, innovation increased only outside the telecommunications equipment industry. The lack of a positive innovation effect in the telecommunications industry suggests that market foreclosure impedes innovation and that compulsory licensing without structural remedies is ineffective in ending it. The increase of follow-on innovation by small and young companies is in line with the hypothesis that patents held by a dominant firm act as a barrier to entry for start-ups. We show that the removal of this barrier increased long-run U.S. innovation, corroborating historical accounts.
    Keywords: ;
    JEL: O30 O33 O34 K21 L40
    Date: 2017–03–25
  3. By: OKADA, Yoshimi; NAITO, Yusuke; NAGAOKA, Sadao
    Abstract: While patent scope defined by patent claims provides crucial information on the contribution of underlying inventions to the state of the art, its existing measures do not seem to appropriately capture it, especially with respect to the generality of the inventive concept. This study investigates how significantly the breadth of the first claim can predict the patent's knowledge impact on subsequent inventions in complex and discrete technologies using the inverse of the first claim length as the indicator. There are two major findings. First, this indicator has very significant predictive power for the knowledge impact of the underlying invention as measured by applicant forward citations, controlling for two existing indicators of patent scope (the number of patent claims and the number of different patent classification codes assigned) in both technology areas. Second, its predictive power for the incidence of top-ranked patents increases in higher quantiles in the complex but not the discrete technology area, unlike the other indicators. This is consistent with an economic model predicting that the knowledge impact of an invention with broad scope has a high variance, depending on the emergence of complementary inventions that enhance the impact of the initial invention.
    Keywords: patent scope, claim breadth, first claim length, knowledge, complex technology
    JEL: O34
    Date: 2017–02
  4. By: Neuhäusler, Peter; Rothengatter, Oliver; Frietsch, Rainer
    Date: 2016
  5. By: Metaxas, Theodore; Liapis, Alexandros
    Abstract: The evolution of cities during the 20th century decisively influenced by events that changed the way cities worked in the past. These rapid changes in the economy of cities, urban governance and mode of international urban network, intensified competition and highlighted the importance of image as a decisive factor for the development of cities and their inhabitants. In this context, place marketing emerged. Cities and regions use place marketing and place branding strategies in order to improve their image and attract investment, residents and visitors. Culture, in all of its manifestations, (cultural flagships projects, cultural clusters, cultural routes, special events and festivals) plays a significant role in place marketing and branding strategies. This paper examines the case of Syngrou Avenue, in Athens – Greece, by developing a pilot place branding plan. The new cultural foundations of the National Museum of Contemporary Art (EMST) and the Stavros Niarchos Foundation Cultural Center (SNFCC), in conjunction with the existing cultural infrastructure around Syngrou and the plans for the redevelopment of the Faliron Bay, creating the need for a strategically planned image management in order to respond to these new conditions prevailing. The main purpose of the study was to investigate the image and identifying the characteristics that could compose the new competitive identity, the new «brand» of Syngrou. For the purpose of the study apart from the secondary literature review, a primary field research was also conducted. Survey findings were analyzed using the statistical SPSS software package.
    Keywords: Place branding, Syngroy Avenue, Image, Cultural Cluster, Field Survey
    JEL: R58
    Date: 2017
  6. By: Boonchai Hongcharu (NIDA Business School)
    Abstract: Customers receive a large amount of information from today?s online world. It has been increasingly difficult for the marketers to monitor and respond to different types of messages affecting their brand. At the same time, marketers also need to communicate with customers through various types of messages. It is interesting to understand the roles of message appeals have while customers expose to different types of online news about the brand. We conduct an experiment with 240 randomly selected subjects on a 2 message appeals (rational and emotion) X 4 online news exposure (no exposure, positive news exposure, negative news exposure and both positive and negative news exposure) factorial design to explore their effects on five aspects of consumer responses: attitude toward the ad, credibility, persuasion, attitude toward the brand and purchase intention. The results revealed both message appeals and online news exposure significantly affect attitudes toward the ad and the brand. Message appeals have a significant effect on persuasion and only the interactions of both factors affect purchase intention. Discussion and implications on the findings will be provided.
    Keywords: message appeals, rational message, emotional message, online news exposure, positive news, negative news, consumer response,
    JEL: M30 M31 M37

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