Does Competitive Strategy Protect Companies From Intellectual Property Free Riding
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Author | : Theresa Veer |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Companies with a distinct competitive strategy are attractive targets for free riding of intellectual property (IP) as copying their products either provides high margins (differentiation) or opens large markets (cost leadership). However, a clever combination of a competitive strategy with a suitable IP strategy and management can protect a company from IP free riding. Our findings suggest that cost leaders should use legal protection methods and ensure the enforcement of these methods. Differentiators should keep their knowledge and technology secret so as to mitigate the imitation enabling effect of technical intellectual property rights (IPR). Trademarks and registered designs are effective tools for companies of both competitive strategies. Policy should improve the effectiveness of IPR regimes allowing easy and fast enforcement of patents.
Author | : Fraser Institute (Vancouver, B.C.) |
Publisher | : The Fraser Institute |
Total Pages | : 13 |
Release | : 1999 |
Genre | : Competition |
ISBN | : 0889752001 |
Author | : Shahid Alikhan |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 238 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041126449 |
It is scarcely five years since the first edition of this book, a milestone in the strategy-oriented approach to intellectual property at the global level, appeared and was quickly and widely welcomed as virtually an intellectual property agenda for the 21st century. This second edition includes a judicious update of the original data and analysis in light of the significant movement forward that has taken place over the past few years in many of the critical areas that shape the competitive strategies in the use of IP Rights. The authors have lost none of their conviction of the necessity to enhance awareness of the techno-economic effects of intellectual property rights protection on enterprise competitiveness and national growth and development. The book provides a panoramic but detailed view of the worldands intellectual property system that embraces socioeconomic, cultural and technological development in its scope, clarifying the pitfalls and challenges that the system presents even as it promises to improve the quality of life on our planet. The authors both internationally respected and honoured for their work in elucidating the economic necessity of an intellectual property system that can inspire universal confidence, emphasize the imperative of international competiveness in knowledge-based technology. In their orderly presentation of the key issues that promote the real benefits (not yet achieved) of a truly effective regime of intellectual property rights they discuss such factors as the following: the use of intellectual property as an integral part of business strategy; optimal utilization of intellectual property assets; the incentives and rewards of andfair playand in the marketplace; facilitation of widespread diffusion and adoption of the fruits of creativity and innovation; the crucial role of small and medium enterprises; the need at every level for deliberate incentive policies that encourage creativity and invention; strict enforcement of intellectual property rights; creating linkages between intellectual property stakeholders; and use of patent information for forecasting technology trends. These issues and recommendations and more are all discussed in a framework that highlights each of the major areas of knowledge in which intellectual property rights are most insistently invoked today, such as the digital economy, e-commerce, Internet domain names, database protection, protection of plant varieties, design of integrated circuits, biotechnology, and nanotechnology. Ultimately, however, this outstanding workands most important contribution lies in its vision of the organic corporation of governments, institutions, supranational organizations, multinational corporations, small and medium enterprises, and civil society as they collectively fashion a 21st century in which creativity and innovation are enabled to convert knowledge into wealth and social good. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, this new, updated edition of Intellectual Property and Competitive Strategies in the 21stCentury will continue to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.
Author | : Ikujiro Nonaka |
Publisher | : SAGE |
Total Pages | : 353 |
Release | : 2001-02-06 |
Genre | : Business & Economics |
ISBN | : 1847876625 |
Managing Industrial Knowledge illuminates the complex processes at work in the creation and successful transfer of corporate knowledge. It is now generally recognized that the competitive advantages of firms depends on their ability to build, utilize and protect knowledge assets. In this volume many of the foremost international authors and pioneers of the study of knowledge in firms present their latest work and insights into organizational knowledge and innovation. In a world where markets, products, technologies, competitors, regulations, and even societies change rapidly, continuous innovation and the knowledge that produces innovation have become key. The chapters in this keynote volume shed new light on the contextual factors in knowledge creation, the links between knowledge and innovation in all aspects of business life and the processes by which these may be fostered or lost in organizations.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 457 |
Release | : 1993-02-01 |
Genre | : Political Science |
ISBN | : 0309048338 |
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author | : Nadia Naim |
Publisher | : Springer Nature |
Total Pages | : 215 |
Release | : |
Genre | : |
ISBN | : 3031425766 |
Author | : Thorsten Käseberg |
Publisher | : Bloomsbury Publishing |
Total Pages | : 279 |
Release | : 2012-06-08 |
Genre | : Law |
ISBN | : 1847319580 |
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Author | : Ben Depoorter |
Publisher | : Edward Elgar Publishing |
Total Pages | : 1504 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1789903998 |
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Author | : Steven D. Anderman |
Publisher | : Cambridge University Press |
Total Pages | : 547 |
Release | : 2007-05-10 |
Genre | : Law |
ISBN | : 1139462695 |
The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.
Author | : James Andrew Lewis |
Publisher | : CSIS |
Total Pages | : 98 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780892065127 |
A report of the CSIS Technology and Public Policy Program.