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Intellectual Property Rights and Contract Structure

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Author Info

  • Tarun Khanna

    ()
    (Competition & Strategy Unit)

  • Bharat N. Anand

    ()
    (Competition & Strategy Unit)

Abstract

Property rights over knowledge and its output--intellectual property rights--are often weak. We treat the strength of property rights as a primitive of the environment. We examine the effects of the strengths of these rights on the structure of contracts and relationships employed by firms in intellectual property transfers. Variation in the adequacy of property rights across industries allows us to identify these effects. Using a unique dataset assembled for this purpose, we find that firms will structure contracts to optimally circumscribe the threat of imitators. In particular, weak property rights are associated with a lower absolute and relative incidence of licensing activity, fewer licensings of prospective technologies, a higher incidence of transfers to related parties and non-exclusive contracts, and more cross-licensings. The results are not explained by unobserved heterogeneity or jointness in a licenser's decisions concerning various contractual features.

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Bibliographic Info

Paper provided by Yale School of Management in its series Yale School of Management Working Papers with number ysm37.

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Date of creation: 20 Nov 1996
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Handle: RePEc:ysm:somwrk:ysm37

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Web page: http://icf.som.yale.edu/
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Cited by:
  1. Contractor, Farok J. & Ra, Wonchan, 2000. "Negotiating alliance contracts: Strategy and behavioral effects of alternative compensation arrangements," International Business Review, Elsevier, vol. 9(3), pages 271-299, June.
  2. Arora, Ashish & Fosfuri, Andrea, 1999. "Licensing the Market for Technology," CEPR Discussion Papers 2284, C.E.P.R. Discussion Papers.
  3. Arora, Ashish, 1997. "Patents, licensing, and market structure in the chemical industry," Research Policy, Elsevier, vol. 26(4-5), pages 391-403, December.
  4. Jean O. Lanjouw & Mark Schankerman, 1997. "Stylized Facts of Patent Litigation: Value, Scope and Ownership," NBER Working Papers 6297, National Bureau of Economic Research, Inc.
  5. repec:wip:wpaper:3 is not listed on IDEAS
  6. Ramon Fauli-Oller & Joel Sandonis, 2000. "To Merge or to License: Implications for Competition Policy," Discussion Papers 1284, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
  7. Ramón Faulí-Oller & Joel Sandonís, 2001. "To Merge Or To License: Implications For Competition Policy," Working Papers. Serie AD 2001-05, Instituto Valenciano de Investigaciones Económicas, S.A. (Ivie).
  8. Ashish Arora & Alfonso Gambardella & Enzo Rullani, 1997. "Division of Labour and the Locus of Inventive Activity," Journal of Management and Governance, Springer, vol. 1(1), pages 123-140, March.
  9. Jean Olson Lanjouw & Mark Schankerman, 1998. "Stylised Fact of Patent Litigation: Value, Scope and Ownership," STICERD - Economics of Industry Papers 20, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.

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