nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2019‒06‒24
eight papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Empirical Analysis of License Policy for Declared Standard-essential Patents in Setting Technology Standards By Dong HUO; Jiangwei DANG; MOTOHASHI Kazuyuki
  2. Patent citations, knowledge flows and catching-up: evidences of different national experiences for the period 1982-2006 By Jorge Nogueira de Paiva Britto; Leonardo Costa Ribeiro; Lucas Teixeira Araújo; Eduardo da Motta e Albuquerque
  3. The Patent System during the French Industrial Revolution: Institutional Change and Economic Effects By Gabriel Galvez-Behar
  4. Migrant Inventors and the Technological Advantage of Nations By Bahar, Dany; Choudhury, Prithwiraj; Rapoport, Hillel
  5. Networks of international patent citations: pattern of growth, self-organization and change By Jorge Nogueira de Paiva Britto; Leonardo Costa Ribeiro; Eduardo da Motta e Albuquerque
  6. Green Technology and Patents in the Presence of Green Consumers By Corinne Langinier; Amrita Ray Chaudhuri
  7. Predicting Patent Citations to measure Economic Impact of Scholarly Research By Abdul Rahman Shaikh; Hamed Alhoori
  8. Exporting protection: EU trade agreements, geographical indications, and gastronationalism By Huysmans, Martijn

  1. By: Dong HUO; Jiangwei DANG; MOTOHASHI Kazuyuki
    Abstract: Standard-setting organizations (SSOs) generally request that their participants commit to offering licenses ex ante to implementers on fair, reasonable, and non-discriminatory (FRAND or RAND) terms. To adjust for the RAND context, court judges adopt modified Georgia-Pacific rules to determine patent damages ex post in infringement lawsuits involving standard essential patents (SEPs). In this paper, we review the literature on intellectual property rights policy in SSOs and modified Georgia-Pacific rules from court practices and explore the determinants of licensing terms in the RAND context from both technical and legal aspects in accordance with the review. By employing a novel dataset that consists of over a thousand declared SEPs in the Internet Engineering Task Force (IETF), we find that, in general, technical and legal characteristics are significantly associated with reciprocal licensing terms, despite most of their associations with royalty-free (or royalty-bearing) terms being nonetheless trivial.
    Date: 2019–03
  2. By: Jorge Nogueira de Paiva Britto (Universidade Federal Fluminense); Leonardo Costa Ribeiro (Cedeplar-UFMG); Lucas Teixeira Araújo (Universidade Federal Fluminense); Eduardo da Motta e Albuquerque (Cedeplar-UFMG)
    Abstract: The investigation comprises information about patent citations distributed by different technological domains, which are used to map knowledge flows and to correlate these flows with the evolution of countries' competences. Specifically, the analysis uses information about patent citations to track and discuss the evolution of knowledge flows to a set of selected countries involved in catching-up up processes.. The analysis comprises an analysis of patent citation data extracted from the USPTO database from the period 1982-2006, including information about citations extracted from patents granted by national companies of the selected countries, presented trough technological interaction matrices crossing information of different technological domains of the patents, correlating the technological domains of the patents citing other patents with the technological domains of the patents cited. The hypothesis is that the intensification and diversification of knowledge flows to a greater number of fields broadens the possibilities of identifying attractive opportunities for innovation, magnifying the possibilities of development and catching-up. The analysis tries to identify which technological fields concentrate the absorption and diffusion of knowledge in a given country along different periods, which tends to be connected to the possibilities of catching up processes.
    Keywords: Patent Citations; International Knowledge flows; Innovation Systems
    Date: 2019–06
  3. By: Gabriel Galvez-Behar (IRHiS - Institut de Recherches Historiques du Septentrion (IRHiS) - UMR 8529 - Université de Lille - CNRS - Centre National de la Recherche Scientifique)
    Abstract: The influence of the patent system on the economic performance of Western countries during the Industrial Revolution is an important but difficult question to address. With the United Kingdom and the United States, France was one of the first countries to adopt a modern patent legislation in 1791. The aim of this paper is to understand the paradox of such a system, which was based on a democratic and natural-right conception of invention but turned out to be restrictive. It analyses the legal framework and its evolution from 1791 to the late 1850s and reveals its contradictory aspects: a natural right inspiration vs a restrictive access due to the cost of the patent. It shows how the 1844 Patent Act reform did not end the criticism of the French patent system. Then, in a second part, it considers the diffusion of patents in time, in different regions and industries and stresses the heterogeneity of the patent system.
    Keywords: Patents,Industrial property,History,France,19th century
    Date: 2019–05
  4. By: Bahar, Dany (Brookings Institution); Choudhury, Prithwiraj (Harvard Business School); Rapoport, Hillel (Paris School of Economics)
    Abstract: We investigate the relationship between the presence of migrant inventors and the dynamics of innovation in the migrants' receiving countries. We find that countries are 25 to 50 percent more likely to gain advantage in patenting in certain technologies given a twofold increase in the number of foreign inventors from other nations that specialize in those same technologies. For the average country in our sample this number corresponds to only 25 inventors and a standard deviation of 135. We deal with endogeneity concerns by using historical migration networks to instrument for stocks of migrant inventors. Our results generalize the evidence of previous studies that show how migrant inventors "import" knowledge from their home countries which translate into higher patenting. We complement our results with micro-evidence showing that migrant inventors are more prevalent in the first bulk of patents of a country in a given technology, as compared to patents filed at later stages. We interpret these results as tangible evidence of migrants facilitating the technology-specific diffusion of knowledge across nations.
    Keywords: innovation, migration, patent, technology, knowledge
    JEL: O31 O33 F22
    Date: 2019–05
  5. By: Jorge Nogueira de Paiva Britto (Universidade Federal Fluminense); Leonardo Costa Ribeiro (Cedeplar-UFMG); Eduardo da Motta e Albuquerque (Cedeplar-UFMG)
    Abstract: This paper investigates networks of cross-border patent citations - the patent assignee as a node and an international patent citation as a link. The data (patents and their international citations, selected years between 1991 and 2009) show a network growing over time - more institutions, more links and more countries - and preserving its scale-free properties, a self-organized system with changes in technological specialization. This firm-led network is compared to a network of international colaboration in science - a university-led network. The overlaping of those two international self-organized systems might be a source of an emerging international system of innovation.
    Keywords: Patent Citations; International Knowledge flows; Innovation Systems
    Date: 2019–06
  6. By: Corinne Langinier; Amrita Ray Chaudhuri
    Abstract: We develop a theoretical framework to investigate the impact of patent policies and emission taxes on green innovation that reduces the emission output ratio, and on the emission level. In the absence of green consumers, the introduction of patents results in a paradox whereby increasing emission tax beyond a certain threshold leads to a discrete increase in the emission level, which may be avoided by reducing the patenting cost. In the presence of green consumers, this paradox is restricted to an intermediate range of tax rates, and at suffciently high tax rates, reducing the patenting cost may increase the emission level. Also, higher emission taxes increase green investment only if the fraction of green consumers is sufficiently small, and the magnitude of this effect decreases as this fraction increases. Moreover, a stricter patentability requirement is only effective at reducing emissions if the fraction of green consumers is sufficiently small.
    JEL: O34 L13 Q50
  7. By: Abdul Rahman Shaikh; Hamed Alhoori
    Abstract: A crucial goal of funding research and development has always been to advance economic development. On this basis, a consider-able body of research undertaken with the purpose of determining what exactly constitutes economic impact and how to accurately measure that impact has been published. Numerous indicators have been used to measure economic impact, although no single indicator has been widely adapted. Based on patent data collected from Altmetric we predict patent citations through various social media features using several classification models. Patents citing a research paper implies the potential it has for direct application inits field. These predictions can be utilized by researchers in deter-mining the practical applications for their work when applying for patents.
    Date: 2019–06
  8. By: Huysmans, Martijn
    Abstract: A key objective of EU trade policy is to obtain wider protection for its specialty foods, known as Geographical Indications (GIs). While the WTO provides some protection for GIs under Trade Related Aspects of Intellectual Property (TRIPS), the EU has successfully considered additional protection for its GIs a red line in recent Free Trade Agreements (FTAs). FTAs are negotiated by the Commission but require member state approval. Given that both Greece and Italy have threatened not to ratify CETA over insufficient GI protection, GIs clearly matter. This article provides and analyzes new data on GI protection in 11 recent EU trade agreements. It finds that EU FTAs are more likely to protect GIs with higher sales values and from countries in the South of Europe, where GIs are highly salient because of gastronationalism. These findings illustrate how economic and political considerations shape and enable EU policy exports.
    Keywords: Agricultural and Food Policy, International Relations/Trade
    Date: 2019–03–05

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