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on Intellectual Property Rights |
| By: | Immaculada Martinez-Zarzoso; Ana Maria Santacreu |
| Abstract: | This paper investigates the impact of cross-border patenting on the margins of international trade using disaggregated data on international patenting and trade flows. We develop a theoretical framework of trade and firms' patenting decisions that motivates our empirical analysis. The main results reveal that cross-border patenting has a larger effect on the extensive margin of trade compared to the intensive margin. This finding suggests that firms tend to seek patent protection in international markets prior to entering those markets with new products, rather than with their existing products. |
| Keywords: | cross-border patents; gravity model; margins of trade; trade agreements |
| JEL: | F63 O14 O33 O34 |
| Date: | 2024–09–26 |
| URL: | https://d.repec.org/n?u=RePEc:fip:fedlwp:98864 |
| By: | Talia Bar (University of Connecticut); Heshan Zhang (PNC Bank) |
| Abstract: | We examine gender differences in US patent outcomes -- forward citations, triadic grants (related patents in EU and Japan), and renewals. We find that differences in workplace explain a significant part of the gap. After accounting for technology, application years, examiners and patent assignees, we show that while on average, patent teams with at least one woman-inventor have slightly weaker outcomes, for solo-inventor patents there are no significant gender differences in any of the outcomes. But men-lead mixed gender teams have on average slightly weaker outcomes than men-only teams, even when we control for the identity of the first inventor. |
| Date: | 2024–09 |
| URL: | https://d.repec.org/n?u=RePEc:uct:uconnp:2024-04 |
| By: | Sahana Simha; M. P. Ram Mohan |
| Abstract: | Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially evident in the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This paper analyses legislative and judicial decisions regarding exceptions to exhaustion under Indian trademark law, with a comparative examination of rulings from the US and EU jurisdictions. We then highlight the theoretical differences between trademark and copyright law, exploring moral rights in copyright law and the anti-dilution theory of trademarks. In doing so, we examine the feasibility of expanding exceptions to the doctrine of exhaustion to include proprietary concerns, in addition to consumer and market considerations. |
| Date: | 2024–09–27 |
| URL: | https://d.repec.org/n?u=RePEc:iim:iimawp:14715 |