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Complementary Patents and Market Structure

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  • Schmidt, Klaus M.

Abstract

Many high technology goods are based on standards that require access to several patents that are owned by different IP holders. We investigate the royalties chosen by IP holders under different market structures. Vertical integration of an IP holder and a downstream producer solves the double mark-up problem between these firms. Nevertheless, it may raise royalty rates and reduce output as compared to non-integration. Horizontal integration of IP holders (or a patent pool) solves the complements problem but not the double mark-up problem. Vertical integration discourages entry and reduces innovation incentives, while horizontal integration always encourages entry and innovation.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 7005.

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Date of creation: Oct 2008
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Handle: RePEc:cpr:ceprdp:7005

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Keywords: complementary patents; IP rights; licensing; patent pool; standards; vertical integration;

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References

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  1. Shapiro, Carl, 2000. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Competition Policy Center, Working Paper Series qt4hs5s9wk, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  2. Dewatripont, Mathias & Legros, Patrick, 2008. "'Essential' Patents, FRAND Royalties and Technological Standards," CEPR Discussion Papers 6925, C.E.P.R. Discussion Papers.
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  5. "Aoki, Reiko" & "Nagaoka, Sadao", 2004. "The Consortium Standard and Patent Pools," Economic Review, Hitotsubashi University, vol. 55(4), pages 345-357, January.
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  7. Dixit, Avinash K, 1986. "Comparative Statics for Oligopoly," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 27(1), pages 107-22, February.
  8. Felix Höffler & Sebastian Kranz, 2007. "Legal Unbundling can be a Golden Mean between Vertical Integration and Separation," Bonn Econ Discussion Papers bgse15_2007, University of Bonn, Germany.
  9. Josh Lerner & Marcin Strojwas & Jean Tirole, 2007. "The design of patent pools: the determinants of licensing rules," RAND Journal of Economics, RAND Corporation, vol. 38(3), pages 610-625, 09.
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Cited by:
  1. Rey, Patrick & Salant, David, 2012. "Abuse of Dominance and Licensing of Intellectual Property," IDEI Working Papers 712, Institut d'Économie Industrielle (IDEI), Toulouse.
  2. Noriaki Matsushima & Tomomichi Mizuno, 2009. "Vertical Separation as a Defense against Strong Suppliers," ISER Discussion Paper 0755, Institute of Social and Economic Research, Osaka University.
  3. Arijit Mukherjee, 2013. "Patent pool under endogenous technology choice," Discussion Paper Series 2013_07, Department of Economics, Loughborough University, revised Jul 2013.
  4. Dequiedt, Vianney & Versaevel, Bruno, 2013. "Patent pools and dynamic R&D incentives," International Review of Law and Economics, Elsevier, vol. 36(C), pages 59-69.

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