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Contract Law and the Governance of Inter-Firm Technology Partnerships - An Analysis of Different Modes of Partnering and Their Contractual Implications

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  • John Hagedoorn
  • Geerte Hesen

Abstract

This paper studies some major legal implications of inter-firm technology partnering through equity joint ventures, non-equity partnerships, and licensing contracts. These different partnerships are placed within the classical and relational contracting perspectives, while also considering intellectual property rights issues. Samples of contracts of partnerships in bioscience, fine chemicals, biotechnology and biopharmaceuticals are analysed, in detail, with reference to the distribution of property rights, major contractual clauses, and measures for conflict resolution. Equity joint ventures and non-equity partnerships are found to largely follow a relational contracting perspective, while licensing contracts are governed by a classical contracting perspective. Copyright Blackwell Publishing Ltd 2007.

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Bibliographic Info

Article provided by Wiley Blackwell in its journal Journal of Management Studies.

Volume (Year): 44 (2007)
Issue (Month): 3 (05)
Pages: 342-366

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Handle: RePEc:bla:jomstd:v:44:y:2007:i:3:p:342-366

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Web page: http://www.blackwellpublishing.com/journal.asp?ref=0022-2380

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Cited by:
  1. Belderbos, René & Cassiman, Bruno & Faems, Dries & Leten, Bart & Van Looy, Bart, 2014. "Co-ownership of intellectual property: Exploring the value-appropriation and value-creation implications of co-patenting with different partners," Research Policy, Elsevier, vol. 43(5), pages 841-852.
  2. Ki H. Kang & Jina Kang, 2009. "Do External Knowledge Sourcing Methods Matter in Service Innovation? Analysis of South Korean Service Firms," TEMEP Discussion Papers 200908, Seoul National University; Technology Management, Economics, and Policy Program (TEMEP), revised Aug 2009.
  3. Niedermayer, Andras & Wu, Jianjun, 2013. "Breaking Up a Research Consortium," Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems 433, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
  4. Malik, Tariq, 2012. "Disparate association between alliance social capital and the global pharmaceutical firm's performance," International Business Review, Elsevier, vol. 21(6), pages 1017-1028.
  5. Giroud, Axèle & Scott-Kennel, Joanna, 2009. "MNE linkages in international business: A framework for analysis," International Business Review, Elsevier, vol. 18(6), pages 555-566, December.
  6. Yan, Yanni & Chong, Chan Yan & Mak, Simon, 2010. "An exploration of managerial discretion and its impact on firm performance: Task autonomy, contractual control, and compensation," International Business Review, Elsevier, vol. 19(6), pages 521-530, December.
  7. White, George O. & Hadjimarcou, John & Fainshmidt, Stav & Posthuma, Richard A., 2013. "MNE home country cultural norms and conflict strategy fit in transnational business contract disputes," International Business Review, Elsevier, vol. 22(3), pages 554-567.
  8. Niedermayer, Andras & Wu, Jianjun, 2013. "Breaking up a research consortium," International Journal of Industrial Organization, Elsevier, vol. 31(4), pages 342-353.
  9. Michelle Crosby-Nagy, 2011. "Measuring the Role of Central and Eastern European Countries in World Drug Research," Transition Studies Review, Springer, vol. 18(1), pages 85-98, September.
  10. Hagedoorn, John & Ridder, Ann-Kristin, 2012. "Open innovation, contracts, and intellectual property rights: an exploratory empirical study," MERIT Working Papers 025, United Nations University - Maastricht Economic and Social Research Institute on Innovation and Technology (MERIT).

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