nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2024‒05‒20
three papers chosen by
Giovanni Battista Ramello, Università di Turino

  1. Early Disclosure and Patent Value: How do you know that you are a pioneer? By KADOWAKI Makoto; NAGAOKA Sadao
  2. Global influence of inventions and technology sovereignty By Mueller, Elisabeth; Boeing, Philipp
  3. An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India By Ram Mohan, M.P.; Aditya Gupta; Vijay V Venkitesh

  1. By: KADOWAKI Makoto; NAGAOKA Sadao
    Abstract: While the patent system plays a dual role in promoting innovation through protection and disclosure, it is widely believed that the early disclosure of a patent application weakens patent protection by enhancing knowledge spillover. However, pre-grant publication enables early establishment of the invention’s priority, which enhances its appropriation. Using the introduction of pre-grant publications in Japan as a natural experiment, we find that early disclosure increased the rejection (and abandonment) of subsequent duplicative patent applications by others more than the grants of their follow-on patents. As a result, the patent value increased significantly on average. Consistently, pre-grant publications accelerated and increased the grant of one’s own follow-on inventions, more so when competition was significant. Thus, we find that pre-grant publications significantly promote appropriation through the early determination of the pioneer.
    Date: 2024–04
  2. By: Mueller, Elisabeth; Boeing, Philipp
    Abstract: We analyze the technology sovereignty of Europe, the US, China, Japan, and Korea, representing the world's leading innovators. By examining citations from the universe of PCT patent applications between 2000 and 2020, we determine the strength and direction of inventions' influence at global and bilateral levels to assess each geographic area's technology sovereignty. The US shows superior technology sovereignty through its leadership in global and bilateral influence. While the US and Europe are highly integrated, their global positions differ as Europe depends on all geographic areas except China. Although China has filed the most patent applications in recent years, bilaterally it remains dependent on all other geographic areas. Moreover, only Japan and Korea show a recent decline in their global influence, despite previously holding a leading position.
    Keywords: technology sovereignty, global influence of inventions, geographic areas, bilateral influence, patent citations
    JEL: O33 O34
    Date: 2024
  3. By: Ram Mohan, M.P.; Aditya Gupta; Vijay V Venkitesh
    Abstract: Morality-based restrictions on trademarks have gained widespread acceptance since their statutory recognition in 1875, appearing in the domestic statutory language of 163 out of 164 WTO member states. Building upon earlier conceptual work, this study empirically examines the administration of India's iteration of moral-based trademark limitations, which prohibit the registration of scandalous or obscene marks. Expanding on a prior anecdotal and purposive study, the authors create a novel dataset to analyze the implementation of the provision. The dataset examines 1.6 million trademark examination reports filed between 2018-2022. Through auto-coding, the authors identify 140 applications objected for containing scandalous or obscene matter. A systematic analysis classifies the objections into three categories - those concurrently raising relative and absolute grounds of refusal, successful circumvention of morality objections through ambiguity, and an alarming lack of objections for potentially offensive marks. The findings provide empirical evidence in the administration of morality-based proscriptions in India.
    Date: 2024–04–30

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