nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2022‒05‒23
three papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Efficient Level of SEPs Licensing By Gregor Langus; Vilen Lipatov
  2. Effect of the duration of membership in the World Trade Organization on Trademark Applications By Gnangnon, Sèna Kimm
  3. Copyright Protection in the Digital Single Market By Frank Stähler; Leander Stähler

  1. By: Gregor Langus; Vilen Lipatov
    Abstract: We study the question whether a holder of standard essential patents (SEPs) should be allowed to choose the level in the value chain at which to offer a FRAND license to its SEPs. We give a pos-itive answer to this question for two reasons. First, the SEP holder and the social planner tend to choose the licensing level that, other things being equal, minimizes transaction costs. Second, the SEP holder maximizes total output, which is often aligned with social welfare maximization by the planner. These two factors make it likely that the SEP holder chooses the efficient level of SET licensing.
    Keywords: standard-essential patents, SEP licensing, FRAND, telecommunications, royalty base, licensing level, alignment of incentives
    JEL: K21 L40 O34
    Date: 2022
  2. By: Gnangnon, Sèna Kimm
    Abstract: This article has examined the effect of the duration of the membership in the World Trade Organization (WTO) on the submission of trademarks by countries' residents. The analysis has used an unbalanced sample of 124 countries (including developed and developing countries), and primarily the binominal regression approach, supplemented by the generalized method of moments estimator, utilized for robustness check. Results have shown that the effect of the duration of WTO membership on trademarks works through the channel of trade costs. This effect is positive for less developed economies and negative for relatively advanced economies. These findings reflect the fact that as countries spend more time as WTO members, they experience a higher submission of patents relatively to trademarks, notably if they enjoy an improvement in their real per capita income (and export complex products). Furthermore, countries that receive higher Aid for Trade flows (which help to reduce trade costs) experience yet a higher number of trademarks applications, but to a lesser extent than patents filings.
    Keywords: Duration of WTO membership,Residents' trademark applications,Trade costs,Aid for Trade
    JEL: O34 F14 F35
    Date: 2022
  3. By: Frank Stähler; Leander Stähler
    Abstract: This paper scrutinizes the effects of the European Directive on Copyright in the Digital Single Market on platform competition in media markets. Platforms that are Online Content-Sharing Service Providers must have a license agreement with collective management organizations that control the content platform users may (or must not) upload to the platform. The paper shows that the new directive may imply market concentration and an aggregate welfare loss. The reason is that only users of the large platform will be allowed to upload content if the content asset controlled by a collective management organization is sufficiently valuable and if network effects are strong.
    Keywords: copyright protection, IPRs, content platforms, trade in services, digital services
    JEL: D43 F12 L86
    Date: 2022

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