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Infringement of Intellectual Property in Innovation Partnerships

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  • Schubert, Torben

    (CIRCLE, Lund University & Fraunhofer ISI, Karlsruhe, Germany)

Abstract

Using data from the German Community Innovation Survey (CIS) from 2008 we analyze whether innovation partnering increases the risk of experiencing infringement of intellectual property (IP). The results show that depending on types of IP innovation partnerships increase the risk of infringement by up to 37% compared to the average risk in the sample. The results suggest that this massive increase can be reduced by intellectual property rights and contracts to govern the partnerships. Yet we show that formal protection mechanisms do not eliminate the sources of opportunistic infringement, since that infringement in innovation partnerships more commonly relates to the infringement of formally unprotected intellectual property, such as tacit knowledge and know-how.

Suggested Citation

  • Schubert, Torben, 2015. "Infringement of Intellectual Property in Innovation Partnerships," Papers in Innovation Studies 2015/23, Lund University, CIRCLE - Centre for Innovation Research.
    • Handle: RePEc:hhs:lucirc:2015_023
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    References listed on IDEAS

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    1. Ranjay Gulati, 1999. "Network location and learning: the influence of network resources and firm capabilities on alliance formation," Strategic Management Journal, Wiley Blackwell, vol. 20(5), pages 397-420, May.
    2. Bruce Kogut, 1988. "Joint ventures: Theoretical and empirical perspectives," Strategic Management Journal, Wiley Blackwell, vol. 9(4), pages 319-332, July.
    3. Hans Mjoen & Stephen Tallman, 1997. "Control and Performance in International Joint Ventures," Organization Science, INFORMS, vol. 8(3), pages 257-274, June.
    4. Melanie Schreiner & Prashant Kale & Daniel Corsten, 2009. "What really is alliance management capability and how does it impact alliance outcomes and success?," Strategic Management Journal, Wiley Blackwell, vol. 30(13), pages 1395-1419, December.
    5. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    6. Fred Gault (ed.), 2013. "Handbook of Innovation Indicators and Measurement," Books, Edward Elgar Publishing, number 14427.
    7. Hertzfeld, Henry R. & Link, Albert N. & Vonortas, Nicholas S., 2006. "Intellectual property protection mechanisms in research partnerships," Research Policy, Elsevier, vol. 35(6), pages 825-838, July.
    8. Enkel, Ellen & Kausch, Christoph & Gassmann, Oliver, 2005. "Managing the Risk of Customer Integration," European Management Journal, Elsevier, vol. 23(2), pages 203-213, April.
    9. Blind, Knut & Edler, Jakob & Frietsch, Rainer & Schmoch, Ulrich, 2006. "Motives to patent: Empirical evidence from Germany," Research Policy, Elsevier, vol. 35(5), pages 655-672, June.
    10. Joskow, Paul L, 1987. "Contract Duration and Relationship-Specific Investments: Empirical Evidence from Coal Markets," American Economic Review, American Economic Association, vol. 77(1), pages 168-185, March.
    11. Bharat N. Anand & Tarun Khanna, 2000. "Do firms learn to create value? The case of alliances," Strategic Management Journal, Wiley Blackwell, vol. 21(3), pages 295-315, March.
    12. Gary Hamel, 1991. "Competition for competence and interpartner learning within international strategic alliances," Strategic Management Journal, Wiley Blackwell, vol. 12(S1), pages 83-103, June.
    13. Michael D. Ryall & Rachelle C. Sampson, 2009. "Formal Contracts in the Presence of Relational Enforcement Mechanisms: Evidence from Technology Development Projects," Management Science, INFORMS, vol. 55(6), pages 906-925, June.
    14. Bettina Peters & Christian Rammer, 2013. "Innovation panel surveys in Germany," Chapters, in: Fred Gault (ed.), Handbook of Innovation Indicators and Measurement, chapter 6, pages 135-177, Edward Elgar Publishing.
    15. Kloyer, Martin & Scholderer, Joachim, 2012. "Effective incomplete contracts and milestones in market-distant R&D collaboration," Research Policy, Elsevier, vol. 41(2), pages 346-357.
    16. Jiang, Xu & Li, Yuan, 2009. "An empirical investigation of knowledge management and innovative performance: The case of alliances," Research Policy, Elsevier, vol. 38(2), pages 358-368, March.
    17. Rothaermel, Frank T. & Deeds, David L., 2006. "Alliance type, alliance experience and alliance management capability in high-technology ventures," Journal of Business Venturing, Elsevier, vol. 21(4), pages 429-460, July.
    18. Lanjouw, Jean O & Schankerman, Mark, 2004. "Protecting Intellectual Property Rights: Are Small Firms Handicapped?," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 45-74, April.
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    Cited by:

    1. Timo Mitze & Björn Alecke & Janina Reinkowski & Gerhard Untiedt, 2015. "Linking collaborative R&D strategies with the research and innovation performance of SMEs in peripheral regions: Do spatial and organizational choices make a difference?," The Annals of Regional Science, Springer;Western Regional Science Association, vol. 55(2), pages 555-596, December.
    2. Rammer, Christian & Schubert, Torben, 2016. "Concentration on the few? R&D and innovation in German firms 2001 to 2013," ZEW Discussion Papers 16-005, ZEW - Leibniz Centre for European Economic Research.
    3. Rammer, Christian & Schubert, Torben, 2016. "Concentration on the few? R&D and innovation in German firms between 2001 and 2013," Discussion Papers "Innovation Systems and Policy Analysis" 54, Fraunhofer Institute for Systems and Innovation Research (ISI).

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    More about this item

    Keywords

    infringement; intellectual property; innovation; partnerships; alliances; protection;
    All these keywords.

    JEL classification:

    • O32 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Management of Technological Innovation and R&D
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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