IDEAS home Printed from https://ideas.repec.org/a/inm/ororsc/v19y2008i2p187-201.html
   My bibliography  Save this article

Norms-Based Intellectual Property Systems: The Case of French Chefs

Author

Listed:
  • Emmanuelle Fauchart

    (Conservatoire national des arts et métiers, Laboratoire d'économétrie, 75003 Paris, France)

  • Eric von Hippel

    (Sloan School of Management, Massachusetts Institute of Technology, Cambridge, Massachusetts 02142)

Abstract

In this paper we propose that norms-based intellectual property (IP) systems exist today and are an important complement to or substitute for law-based IP systems. Norms-based IP systems, as we define them, operate entirely on the basis of implicit social norms that are held in common by members of a given community. Within that community, they offer functionality similar to contemporary law-based IP systems with respect to both the nature of rights protected and the effectiveness of the protection provided. We document the existence of a norms-based IP system among a sample of accomplished French chefs. These chefs consider recipes they develop to be a very valuable form of IP. At the same time, recipes are not a form of innovation that is effectively covered by law-based IP systems. Via grounded research, we identify three strong implicit social norms related to the protection of recipe IP. Via quantitative research, we find that accomplished chefs enforce these norms and apply them in ways that enhance their private economic returns from their recipe-related IP. In our discussion, we compare the attributes of norms-based and law-based IP systems, arguing that each has different advantages and drawbacks. We also point out that the existence of norms-based IP systems means that many information commons may prove to be criss-crossed by norms-based fences, with community access controlled by community IP owners.

Suggested Citation

  • Emmanuelle Fauchart & Eric von Hippel, 2008. "Norms-Based Intellectual Property Systems: The Case of French Chefs," Organization Science, INFORMS, vol. 19(2), pages 187-201, April.
    • Handle: RePEc:inm:ororsc:v:19:y:2008:i:2:p:187-201
    DOI: 10.1287/orsc.1070.0314
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1287/orsc.1070.0314
    Download Restriction: no
    File URL: https://libkey.io/10.1287/orsc.1070.0314?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Josh Lerner & Jean Tirole, 2002. "Some Simple Economics of Open Source," Journal of Industrial Economics, Wiley Blackwell, vol. 50(2), pages 197-234, June.
    2. Schrader, Stephan, 1991. "Informal technology transfer between firms: Cooperation through information trading," Research Policy, Elsevier, vol. 20(2), pages 153-170, April.
    3. Allen, Robert C., 1983. "Collective invention," Journal of Economic Behavior & Organization, Elsevier, vol. 4(1), pages 1-24, March.
    4. Greif, Avner, 1993. "Contract Enforceability and Economic Institutions in Early Trade: the Maghribi Traders' Coalition," American Economic Review, American Economic Association, vol. 83(3), pages 525-548, June.
    5. Hansmann, Henry & Santilli, Marina, 1997. "Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 95-143, January.
    6. Partha, Dasgupta & David, Paul A., 1994. "Toward a new economics of science," Research Policy, Elsevier, vol. 23(5), pages 487-521, September.
    7. Harhoff, Dietmar & Henkel, Joachim & von Hippel, Eric, 2003. "Profiting from voluntary information spillovers: how users benefit by freely revealing their innovations," Research Policy, Elsevier, vol. 32(10), pages 1753-1769, December.
    8. Elster, Jon, 1989. "Social Norms and Economic Theory," Journal of Economic Perspectives, American Economic Association, vol. 3(4), pages 99-117, Fall.
    9. von Hippel, Eric, 1987. "Cooperation between rivals: Informal know-how trading," Research Policy, Elsevier, vol. 16(6), pages 291-302, December.
    10. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Henkel, Joachim, 2006. "Selective revealing in open innovation processes: The case of embedded Linux," Research Policy, Elsevier, vol. 35(7), pages 953-969, September.
    2. Alfonso Gambardella & Bronwyn H. Hall, 2010. "Proprietary versus Public Domain Licensing of Software and Research Products," Chapters, in: Riccardo Viale & Henry Etzkowitz (ed.), The Capitalization of Knowledge, chapter 6, Edward Elgar Publishing.
    3. Haeussler, Carolin, 2011. "Information-sharing in academia and the industry: A comparative study," Research Policy, Elsevier, vol. 40(1), pages 105-122, February.
    4. Alfonso GAMBARDELLA & Bronwyn H. HALL, 2004. "Propriety vs. Public Domain Licensing of Software and Research Products," Economics Working Papers ECO2004/15, European University Institute.
    5. James Bessen, 2010. "Communicating Technical Knowledge," Working Papers 1001, Research on Innovation.
    6. Schwartz, Michael & Hornych, Christoph, 2010. "Informal networking: An overview of the literature and an agenda for future research," Jena Contributions to Economic Research 2010,1, Ernst-Abbe-Hochschule Jena – University of Applied Sciences, Department of Business Administration.
    7. Julia Bauer & Nikolaus Franke & Philipp Tuertscher, 2016. "Intellectual Property Norms in Online Communities: How User-Organized Intellectual Property Regulation Supports Innovation," Information Systems Research, INFORMS, vol. 27(4), pages 724-750, December.
    8. Tristan L. Botelho, 2018. "Here’s an Opportunity: Knowledge Sharing Among Competitors as a Response to Buy-in Uncertainty," Organization Science, INFORMS, vol. 29(6), pages 1033-1055, December.
    9. Haeussler, Carolin, 2009. "The Economics of Knowledge Regulation: An Empirical Analysis of Knowledge Flows," Discussion Papers in Business Administration 8971, University of Munich, Munich School of Management.
    10. Peter B. Meyer, 2003. "Episodes of Collective Invention," Working Papers 368, U.S. Bureau of Labor Statistics.
    11. Gächter, Simon & von Krogh, Georg & Haefliger, Stefan, 2010. "Initiating private-collective innovation: The fragility of knowledge sharing," Research Policy, Elsevier, vol. 39(7), pages 893-906, September.
    12. Harhoff, Dietmar & Henkel, Joachim & von Hippel, Eric, 2003. "Profiting from voluntary information spillovers: how users benefit by freely revealing their innovations," Research Policy, Elsevier, vol. 32(10), pages 1753-1769, December.
    13. Beaudry, Catherine & Allaoui, Sedki, 2012. "Impact of public and private research funding on scientific production: The case of nanotechnology," Research Policy, Elsevier, vol. 41(9), pages 1589-1606.
    14. Franke, Nikolaus & Shah, Sonali, 2003. "How communities support innovative activities: an exploration of assistance and sharing among end-users," Research Policy, Elsevier, vol. 32(1), pages 157-178, January.
    15. Kesidou, Effie & Szirmai, Adam, 2008. "Local Knowledge Spillovers, Innovation and Economic Performance in Developing Countries: A discussion of alternative specifications," MERIT Working Papers 2008-033, United Nations University - Maastricht Economic and Social Research Institute on Innovation and Technology (MERIT).
    16. de Jong, Jeroen P.J. & von Hippel, Eric, 2009. "Transfers of user process innovations to process equipment producers: A study of Dutch high-tech firms," Research Policy, Elsevier, vol. 38(7), pages 1181-1191, September.
    17. Osterloh, Margit & Rota, Sandra, 2007. "Open source software development--Just another case of collective invention?," Research Policy, Elsevier, vol. 36(2), pages 157-171, March.
    18. Giuri, Paola & Ploner, Matteo & Rullani, Francesco & Torrisi, Salvatore, 2010. "Skills, division of labor and performance in collective inventions: Evidence from open source software," International Journal of Industrial Organization, Elsevier, vol. 28(1), pages 54-68, January.
    19. Breschi, Stefano & Lissoni, Francesco, 2001. "Knowledge Spillovers and Local Innovation Systems: A Critical Survey," Industrial and Corporate Change, Oxford University Press, vol. 10(4), pages 975-1005, December.
    20. Robin Cowan & Nicolas Jonard, 2007. "Structural holes, innovation and the distribution of ideas," Journal of Economic Interaction and Coordination, Springer;Society for Economic Science with Heterogeneous Interacting Agents, vol. 2(2), pages 93-110, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:inm:ororsc:v:19:y:2008:i:2:p:187-201. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Asher (email available below). General contact details of provider: https://edirc.repec.org/data/inforea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.