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Hybrid Licensing of Product Innovations

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  • Ottoz Elisabetta

    (Università di Torino)

  • Cugno Franco

    (Università di Torino)

Abstract

This paper shows that when a product innovation is protected by both patents and trade secrets, under U.S. law the innovator can be induced to license a rival even if patent protection is very broad and there are no partially competitive older products. This opportunity may benefit society. Nevertheless, some legal restrictions in force at the moment do not permit society to reap all potential gains. Since incentive and efficiency considerations suggest that a socially optimal contract should provide for both a negative fixed fee and post-patent royalties at the same unit level as before a patent’s expiration, we conclude that per se prohibitions of these practices are unjustified.

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Bibliographic Info

Article provided by De Gruyter in its journal Review of Law & Economics.

Volume (Year): 5 (2009)
Issue (Month): 1 (October)
Pages: 579-594

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Handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:24

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References

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  1. Richard Gilbert & Carl Shapiro, 1990. "Optimal Patent Length and Breadth," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 106-112, Spring.
  2. Maurer, Stephen M & Scotchmer, Suzanne, 2002. "The Independent Invention Defence in Intellectual Property," Economica, London School of Economics and Political Science, vol. 69(276), pages 535-47, November.
  3. Nancy T. Gallini, 1992. "Patent Policy and Costly Imitation," RAND Journal of Economics, The RAND Corporation, vol. 23(1), pages 52-63, Spring.
  4. Ottoz Elisabetta & Cugno Franco, 2007. "Patent-Secret Mix in Complex Product Firms," Department of Economics and Statistics Cognetti de Martiis. Working Papers 200707, University of Turin.
  5. Richard Gilbert & Carl Shapiro, 1997. "Antitrust Issues in the Licensing of Intellectual Property: The Nine No-No's Meet the Nineties," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 28(1997 Micr), pages 283-349.
  6. Stephen Law, 2004. "Inter-temporal Tie-ins: A Case for Tying Intellectual Property Through Licensing," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 11(1), pages 3-26.
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Cited by:
  1. Neelanjan Sen, 2014. ""Unilateral" technology licensing from an entrant to incumbent monopolist," Economics Bulletin, AccessEcon, vol. 34(2), pages 1028-1037.

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