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Patents vs. Trade Secrets: Knowledge Licensing and Spillover

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Author Info
Sudipto Bhattacharya
Sergei Guriev

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Abstract

We develop a model of two-stage cumulative research and development (R&D), in which one research unit (RU) with an innovative idea bargains to license its nonverifiable interim knowledge exclusively to one of two competing development units (DUs) via one of two alternative modes: an open sale after patenting this knowledge, or a closed sale in which precluding further disclosure to a competing DU requires the RU to hold a stake in the licensed DU's postinvention revenues. Both modes lead to partial leakage of RU's knowledge from its description, to the licensed DU alone in a closed sale, and to both DUs in an open sale. The open sale is socially optimal; yet the contracting parties choose the closed sale whenever the interim knowledge is more valuable and leakage is sufficiently high. If the extent of leakage is lower, more RUs choose open sales, generating a nonmonotonic relationship between the strength of intellectual property rights and aggregate R&D expenditures and the overall likelihood of development by either DU. (JEL: D23, O32, O34) (c) 2006 by the European Economic Association.

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Article provided by MIT Press in its journal Journal of the European Economic Association.

Volume (Year): 4 (2006)
Issue (Month): 6 (December)
Pages: 1112-1147
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Handle: RePEc:tpr:jeurec:v:4:y:2006:i:6:p:1112-1147

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Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
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  2. Bharat N. Anand & Alexander Galetovic, 2000. "Weak Property Rights and Holdup in R&D," Journal of Economics & Management Strategy, Blackwell Publishing, vol. 9(4), pages 615-642, December. [Downloadable!] (restricted)
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  4. McAfee, R Preston & Schwartz, Marius, 1994. "Opportunism in Multilateral Vertical Contracting: Nondiscrimination, Exclusivity, and Uniformity," American Economic Review, American Economic Association, vol. 84(1), pages 210-30, March. [Downloadable!] (restricted)
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  6. Rubinstein, Ariel, 1982. "Perfect Equilibrium in a Bargaining Model," Econometrica, Econometric Society, vol. 50(1), pages 97-109, January. [Downloadable!] (restricted)
  7. Edwin Lai & Raymond Riezman & Ping Wang, 2009. "Outsourcing of innovation," Economic Theory, Springer, vol. 38(3), pages 485-515, March. [Downloadable!] (restricted)
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  13. Sudipto Bhattacharya & Sergei Guriev, 2004. "Knowledge Disclosure, Patents and Optimal Organization of Research and Development," STICERD - Theoretical Economics Paper Series /2004/478, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE. [Downloadable!]
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  14. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August. [Downloadable!] (restricted)
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  15. Anton, James J & Yao, Dennis A, 1994. "Expropriation and Inventions: Appropriable Rents in the Absence of Property Rights," American Economic Review, American Economic Association, vol. 84(1), pages 190-209, March. [Downloadable!] (restricted)
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  19. Denicolo, Vincenzo & Franzoni, Luigi Alberto, 2003. "The contract theory of patents," International Review of Law and Economics, Elsevier, vol. 23(4), pages 365-380, December. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Bhattacharya, Sudipto & Guriev, Sergei, 2008. "Control Rights over Intellectual Property: Corporate Venturing and Bankruptcy Regimes," CEPR Discussion Papers 6927, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
    Other versions:
  2. Baker, Scott & Lee, Pak Yee & Mezzetti, Claudio, 2008. "Intellectual Property Disclosure as 'Threat'," The Warwick Economics Research Paper Series (TWERPS) 881, University of Warwick, Department of Economics. [Downloadable!]
    Other versions:
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