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Weak Intellectual Property Rights, Research Spillovers, and the Incentive to Innovate

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  • Vincenzo Denicoliò
  • Luigi Alberto Franzoni

Abstract

We investigate the conditions for the desirability of exclusive intellectual property rights for innovators as opposed to weak rights, allowing for some degree of imitation and ex post competition. The comparison between the two alternatives reduces to a specific "ratio test," which suggests that strong, exclusive IP rights are preferable when competition from potential imitators is weak, the innovation attracts large R&D investments, and research spillovers are small. Copyright 2011, Oxford University Press.

Suggested Citation

  • Vincenzo Denicoliò & Luigi Alberto Franzoni, 2011. "Weak Intellectual Property Rights, Research Spillovers, and the Incentive to Innovate," American Law and Economics Review, American Law and Economics Association, vol. 14(1), pages 111-140.
    • Handle: RePEc:oup:amlawe:v:14:y:2011:i:1:p:111-140
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    File URL: http://hdl.handle.net/10.1093/aler/ahr017
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    Cited by:

    1. Franzoni, Luigi Alberto & Kaushik, Arun Kumar, 2016. "The optimal scope of trade secrets law," International Review of Law and Economics, Elsevier, vol. 45(C), pages 45-53.
    2. André Stel & Serhiy Lyalkov & Ana Millán & José María Millán, 2019. "The moderating role of IPR on the relationship between country-level R&D and individual-level entrepreneurial performance," The Journal of Technology Transfer, Springer, vol. 44(5), pages 1427-1450, October.
    3. Rajeev K. Goel, 2020. "IPR infringement in the United States: impacts on the input and output of R&D," The Journal of Technology Transfer, Springer, vol. 45(2), pages 481-493, April.

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