nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2024‒02‒26
two papers chosen by
Giovanni Battista Ramello, Università di Turino

  1. Patent Privateering By Adrien HERVOUET; Emmanuel LORENZON; Cesare RIGHI; Valerio STERZI
  2. Firms' intellectual property ownership aggressiveness in university–industry collaboration projects: Choosing the right governance mode By Gretsch, Oliver; Tietze, Frank; Kock, Alexander

  1. By: Adrien HERVOUET; Emmanuel LORENZON; Cesare RIGHI; Valerio STERZI
    Abstract: We study operating companies’ delegation of patent enforcement to patent assertion entities, a practice called “patent privateering.” Using a privateer may allow an operating company to generate higher patent revenues, increase rivals’ costs with “stealth” attacks, and limit the legal responsibilities to bear litigation costs. Using data on European patent transfers and patent infringement litigation in five large European jurisdictions in 2010-2020, we show that patent privateering is more likely to occur for patents with relatively lower economic value, for standard essential patents, and when the target of patent assertion is a competitor of the operating company.
    Keywords: intellectual property; patent; patent privateering; patent litigation; patent assertion enentity; SEP
    JEL: K11 K41 O31 O34
    Date: 2023
  2. By: Gretsch, Oliver; Tietze, Frank; Kock, Alexander
    Abstract: Intellectual property (IP) ownership aggressiveness constitutes an organization's strategic stance that prioritizes its IP protection. An organization thus pursues a rigid approach to protect its background IP and strives for exclusive ownership of the foreground IP that results from collaborative projects. This paper investigates how firms' IP ownership aggressiveness influences university–industry collaboration (UIC) project success and examines if the relationship is contingent on the governance modes that firms employ in UICs, especially the intensity of contract formality and shared governance. Analysing survey data from UIC projects of medium‐sized to large firms covering four industries, we find that the levels of contract formality and shared governance moderate the effect of firms' IP ownership aggressiveness on project success. Strong contract formality leads to a negative relationship between firms' IP ownership aggressiveness and UIC project success. Conversely, if firms apply strong shared governance, the relationship between IP ownership aggressiveness and UIC project success is positive. Given firms' strategic approach to protect background IP and claim ownership of foreground IP, these results have implications for UIC managers when selecting governance modes to best support UIC project success.
    Date: 2024–01–26

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