Hybrid Licensing of Product Innovations
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 patents expiration, we conclude that per se prohibitions of these practices are unjustified.
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Volume (Year): 5 (2009)
Issue (Month): 1 (October)
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References listed on IDEAS
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.:
- Richard Gilbert and Carl Shapiro., 1989.
"Optimal Patent Length and Breadth,"
Economics Working Papers
89-102, University of California at Berkeley.
- 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.
- Maurer, Stephen M & Scotchmer, Suzanne, 2002.
"The Independent Invention Defence in Intellectual Property,"
London School of Economics and Political Science, vol. 69(276), pages 535-47, November.
- Scotchmer, suzanne, 1998. "The Independent-Invention Defense in Intellectual Property," Berkeley Olin Program in Law & Economics, Working Paper Series qt2s5174q8, Berkeley Olin Program in Law & Economics.
- Stephen M Maurer & Suzanne Scotchmer, 2003. "The Independent Invention Defense in Intellectual Property," Levine's Working Paper Archive 618897000000000544, David K. Levine.
- 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.
- 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.
- Nancy T. Gallini, 1992. "Patent Policy and Costly Imitation," RAND Journal of Economics, The RAND Corporation, vol. 23(1), pages 52-63, Spring.
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