Choosing the scope of trade secret law when secrets complement patents
We present a model where an incumbent firm has a proprietary product whose technology consists of at least two components, one of which is patented while the other is kept secret. At the patent expiration date, an entrant firm will enter the market on the same technological footing as the incumbent if it is successful in duplicating, at certain costs, the secret component of the incumbent's technology. Otherwise, it will enter the market with a production cost disadvantage. We show that under some conditions a broad scope of trade secret law is socially beneficial.
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Volume (Year): 31 (2011)
Issue (Month): 4 ()
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- Drew Fudenberg & Jean Tirole, 1983. "Learning-by-Doing and Market Performance," Bell Journal of Economics, The RAND Corporation, vol. 14(2), pages 522-530, Autumn.
- Cugno Franco & Ottoz Elisabetta, 2006. "Trade Secret vs. Broad Patent: The Role of Licensing," Review of Law & Economics, De Gruyter, vol. 2(2), pages 209-221, September.
- Nancy T. Gallini, 1992. "Patent Policy and Costly Imitation," RAND Journal of Economics, The RAND Corporation, vol. 23(1), pages 52-63, Spring.
- Richard Gilbert and Carl Shapiro., 1989.
"Optimal Patent Length and Breadth,"
Economics Working Papers
89-102, University of California at Berkeley.
- Stephen M Maurer & Suzanne Scotchmer, 2003.
"The Independent Invention Defense in Intellectual Property,"
Levine's Working Paper Archive
618897000000000544, David K. Levine.
- Maurer, Stephen M & Scotchmer, Suzanne, 2002. "The Independent Invention Defence in Intellectual Property," Economica, 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.
- Tuomas Takalo, 1998. "Innovation and imitation under imperfect patent protection," Journal of Economics, Springer, vol. 67(3), pages 229-241, October.
- Klemperer, Paul, 1990.
"How Broad Should the Scope of Patent Protection Be?,"
CEPR Discussion Papers
392, C.E.P.R. Discussion Papers.
- Paul Klemperer, 1990. "How Broad Should the Scope of Patent Protection Be?," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 113-130, Spring.
- 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.
- David D. Friedman & William M. Landes & Richard A. Posner, 1991. "Some Economics of Trade Secret Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 61-72, Winter.
- Nisvan Erkal, 2004. "On the Interaction between Patent Policy and Trade Secret Policy," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 37(4), pages 427-35, December.
- Tandon, Pankaj, 1982. "Optimal Patents with Compulsory Licensing," Journal of Political Economy, University of Chicago Press, vol. 90(3), pages 470-86, June.
- Ashish Arora, 1996.
"Patents, Licensing, And Market Structure In The Chemical Industry,"
- Arora, Ashish, 1997. "Patents, licensing, and market structure in the chemical industry," Research Policy, Elsevier, vol. 26(4-5), pages 391-403, December.
- Elisabetta Ottoz & Franco Cugno, 2008.
"Patent--Secret Mix in Complex Product Firms,"
American Law and Economics Review,
Oxford University Press, vol. 10(1), pages 142-158.
- 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.
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