The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature

Lanjouw,; Lerner,

doi:10.2307/20076116

Cited by 69 publications

(43 citation statements)

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“…2 The main predictions from the theoretical models on legal disputes can be taken forward to the case of patent litigations (Lanjouw andLerner, 1989, Lanjouw andSchankerman, 2001) and patent oppositions (Harhoff and Reitzig, 2004). Harhoff and Reitzig (2004) and Hall and Harhoff (2002) show that the main theoretical predictions for patent oppositions can be derived from a simplified version of Priest's and Klein's (1984) model:…”

Section: Determinants Of Patent Oppositionsmentioning

confidence: 99%

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*

Czarnitzki

Hussinger

Schneider

2009

Kyklos

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Die Dis cus si on Pape rs die nen einer mög lichst schnel len Ver brei tung von neue ren For schungs arbei ten des ZEW. Die Bei trä ge lie gen in allei ni ger Ver ant wor tung der Auto ren und stel len nicht not wen di ger wei se die Mei nung des ZEW dar.Dis cus si on Papers are inten ded to make results of ZEW research prompt ly avai la ble to other eco no mists in order to encou ra ge dis cus si on and sug gesti ons for revi si ons. The aut hors are sole ly respon si ble for the con tents which do not neces sa ri ly repre sent the opi ni on of the ZEW.Download this ZEW Discussion Paper from our ftp server:ftp://ftp.zew.de/pub/zew-docs/dp/dp09029.pdf Non-technical SummaryHistorically universities used to generate knowledge that was made available to the public at no further cost, as the research was financed by the government, and thus by a country's tax paying inhabitants. The emergence of private universities and new laws on intellectual property rights changed the common practice, though. While the main activities of universities remain education and academic research that is disseminated through journal publication activity, commercial activities are on the rise in public science. For instance, the U.S. This study provides new evidence on the basicness of academic patents using professor patents for Germany linked to patent opposition data from the European Patent Office (EPO). Patent oppositions are the most important mechanism by which the validity of patents filed at the EPO can be challenged. We argue that academic patents should be less likely to be subject to validity challenges if they are more basic than corporate patents. Disputes about the validity of intellectual property rights, as patent litigations and patent oppositions, have been interpreted by the scientific literature as a legal mechanism to enhance patent quality and the effectiveness of the patent system and as an indication for competition. In this paper, we follow the latter interpretation. Previous literature has revealed that patents themselves are rather strategic tools for firms than instruments for intellectual property protection. This evidence supports the interpretation of legal disputes over patent validity as an indication for competition in product and technology markets. Basic inventions, which are not immediately directed at a marketable product, are less likely to threaten the current competitive position of companies than more applied inventions as they are less likely to threat other firms' position in product markets.In our empirical analysis, we find that academic patents are opposed less frequently than a control group of corporate patents. This suggests that academic patents cover rather basic inventions with a low immediate commercial value not threatening current returns of potential patent opposers in the corporate sector. The effect is weaker for academic patents in collaboration with the business sector, which suggests that those patents are evaluated as more applied or threatening by the business sector. Das ...

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Section: Determinants Of Patent Oppositionsmentioning

confidence: 99%

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*

Czarnitzki

Hussinger

Schneider

2009

Kyklos

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“…Litigation behavior itself has been studied in several papers (Waldfogel 1995, Lanjouw and Lerner 1998, Lanjouw and Schankerman 2001, Marco 2005.…”

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confidence: 99%

The Role of Patent Rights in Mergers: Consolidation in Plant Biotechnology

Marco

Rausser²

2008

American J Agri Economics

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Few micro-level empirical papers have addressed the impact of the patent system on industry structure. Using …rm-level patent data for public and private …rms in plant biotechnology, we develop a measure of patent enforceability. Duration models show that patent statistics are a useful predictor of the timing of merger activity. We …nd that patent enforceability is an important factor in ‡uencing the likelihood of mergers. Mergers in plant biotechnology may be partially motivated by the enforcement of patent rights when …rms have overlapping technologies; some of the merger activity may be explained by attempts to avoid mutually blocking technology, as exempli…ed in the case of Roundup Ready corn.

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“…This method contrasts with more common approaches that investigate how developing countries can attract Foreign Direct Investment (FDI) from Multinational Corporations (MNCs) through the enforcement mechanisms of a strong IP regime. Since academic research typically evaluates IPRs from an enforcement perspective, the role of IPRs in developing countries is primarily conceived through the prism of the influence of 'weak' vs. 'strong' IP regimes (Gould and Gruben 1996;James 2001;Lanjouw and Lerner 1997). While the rule of law is certainly a constitutive element of functioning markets, this research does not assess which policy reforms are needed to guarantee ownership over IPRs in developing countries.…”

Section: Introductionmentioning

confidence: 99%

Promoting Intellectual Property Monetization in Developing Countries: A Review of Issues and Strategies to Support Knowledge-Driven Growth

Ghafele¹,

Gibert²

2012

Policy Research Working Papers

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The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature

Cited by 69 publications

References 0 publications

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*

The Role of Patent Rights in Mergers: Consolidation in Plant Biotechnology

Promoting Intellectual Property Monetization in Developing Countries: A Review of Issues and Strategies to Support Knowledge-Driven Growth

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The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature

Cited by 69 publications

References 0 publications

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents*

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents*

The Role of Patent Rights in Mergers: Consolidation in Plant Biotechnology

Promoting Intellectual Property Monetization in Developing Countries: A Review of Issues and Strategies to Support Knowledge-Driven Growth

Contact Info

Product

Resources

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Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*

Why Challenge the Ivory Tower? New Evidence on the Basicness of Academic Patents^*