nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2020‒01‒27
four papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. International Trade Commission Exclusion Orders for the Infringement of Standard-Essential Patents By Sidak, Gregory; Library, Cornell
  2. Revealing attention - how eye movements predict brand choice and moment of choice By Martinovici, A.
  3. Russia & Legal Harmonization: An Historical Inquiry into IP Reform as Global Convergence and Resistance By Mamlyuk, Boris N.; Library, Cornell
  4. Forecasting own brand sales: Does incorporating competition help? By Li, W.; Fok, D.; Franses, Ph.H.B.F.

  1. By: Sidak, Gregory; Library, Cornell
    Abstract: In the United States, a patent holder can pursue several remedies against a patent infringer. Section 284 of the Patent Act provides that, upon a finding of infringement, “the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty . . . .” In addition, § 283 provides that a court “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent.” Section 337 of the Tariff Act of 1930 also allows a patent holder to petition the U.S. International Trade Commission (ITC)—a federal agency that investigates matters of international trade and advises on international trade policy— to issue an exclusion order against an infringer, a remedy that denies the importation and sale in the United States of products that infringe a valid and enforceable U.S. patent.3 In a case of patent infringement, a patent holder may thus seek damages for the infringement, an injunction, and an exclusion order.
    Date: 2018–03–18
  2. By: Martinovici, A. (Tilburg University, School of Economics and Management)
    Abstract: This dissertation contains three empirical essays on the role of attention in consumer choice. The models developed in this dissertation propose that attention reveals moment-to-moment utility accumulation processes that take place during choice. The first essay investigates which fundamental attention processes contribute to the accumulation of utility and brand choice. The results show that certain types of attention (e.g. attention for integration) are better able to reflect brand utilities, and brand loyalty manifests itself via attention. Essay 2 looks into the link between attention, brand choice, and moment of choice and proposes a model where both brand and search utilities change from moment to moment as more eye movements are observed. This provides insights into consumer heterogeneity in decision thresholds and implicitly decision duration, and test different drivers of brand choice and moment of choice. In essay 3, brand utilities are decomposed into two components that capture the importance of the attributes that describe the brands and the subjective value that the consumer attaches to the attribute levels corresponding to each of the brands on display. The results show that eye movements reflect not only how the consumer evaluates the brands, but also why some brands are preferred by identifying which attributes are considered more important over time.
    Date: 2019
  3. By: Mamlyuk, Boris N.; Library, Cornell
    Abstract: 10 Washington University Global Studies Law Review, (2011) This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers and many Western analysts agree that Russia has complied with all necessary structural adjustment reforms for WTO accession (including reforming its IP legislation), then deeper points of contention between Russia and the West must be identified. One point of departure, the Article posits, is Russia's lingering inability to convey adherence to general international law. Thus, this Article re-conceptualizes the link between domestic and international legal orders by connecting the IP debate to broader debates over the nature of international law in the Soviet and post-Soviet space. Specifically, Part I examines how Soviet theorists attempted to reconcile IP regulation with Marxist ideology and socialist international law. Part II surveys the main IP law reform projects in post-Soviet Russia from 1992 to 2006, with particular emphasis on harmonization with global legal standards. The second part also provides a brief comparative analysis of Russia's latest IP law (effective 2008) and copyright protections in U.S. law as well as the 1971 Berne Convention. The Article concludes with an overview of doctrinal debates within Russia over harmonization, WTO accession, and international law. These debates shed light on the development of local resistance to further legal harmonization efforts, an issue of immediate relevance not just for policymakers working with Russia, but for broader law and development debates.
    Date: 2018–04–15
  4. By: Li, W.; Fok, D.; Franses, Ph.H.B.F.
    Abstract: This study aims to investigate how much value is added to traditional sales forecast- ing models in marketing by using modern techniques like factor models, Lasso, elastic net, random forest and boosting methods. A benchmark model uses only the focal brand's own information, while the other models include competitive sales and market- ing activities in various ways. An Average Competitor Model (ACM) summarises all competitive information by averages. Factor-augmented models incorporate all or some competitive information by means of common factors. Lasso and elastic net models shrink the coecient estimates of specic competing brands towards zero by adding a shrinkage penalty to the sum of squared residuals. Random forest averages many tree models obtained from bootstrapped samples. Boosting trees grow many small trees sequentially and then average over all the tree models to deliver forecasts. We use these methods to forecast sales of packaged goods one week ahead and compare their pre- dictive performance. Our empirical results for 169 brands across 31 product categories show that the Lasso and elastic net are the safest methods to employ as they are better than the benchmark for most of the brands. The random forest method has better improvement for some of the brands.
    Keywords: Sales forecasting, high-dimensional data, principal components, factor model, Lasso, Elastic Net, random forest, boosting, data mining
    Date: 2019–10–10

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