on sharks trolls and their patent prey unrealistic damage awards and firms strategies of being infringed abstract patent trolls or sharks are patent holding individuals or often small firms who trap r d intensive manufacturers in patent infringement situations in order to receive damage awards for the illegitimate use of their technology while of great concern to management their existence and impact for both corporate decision makers and policy makers remains to be fully analyzed from an academic standpoint in this paper we show why patent sharks can operate profitably why they are of growing concern how manufacturers can forearm themselves against them and which issues policy makers need to address to do so we map international indemnification rules with strategic rationales of small patent holding firms and large manufacturers within a theoretical model our central finding is that the courts unrealistic consideration of the trade offs faced by inadvertent infringers is a central condition for sharks to operate profitably

asymmetric promotion effects and brand positioning several studies have shown that promotions of national brands yield more effect than those of store brands e g allenby and rossi 1991 blattberg and wisniewski 1989 however the evolution of price quality data available from consumer reports over the last 15 years seems to reveal a reduction of the quality gap between store brands and national brands while price differences remain substantial simultaneously the share of private label brands has increased progressive grocer 1994 in this context we study whether we can maintain a view of the world where national brands may easily attract consumers from store brands through promotions whereas store brands are relatively ineffective in attracting consumers from national brands by such means we analyze consumer reactions to price discounts in a parsimonious preference model featuring loss aversion and reference dependence along dimensions of price and quality hardie johnson and fader 1993 tversky and kahneman 1991 the key result of our analysis is that given any two brands there is an asymmetric promotion effect in favor of the higher quality higher price brands if and only if the quality gap between the brands is sufficiently large in comparison with the price gap thus the direction of promotion asymmetry is not unconditional it depends uniquely on the value of the ratio of quality and price differences compared to a category specific criterion which we call if the ratio of quality and price differences is larger than this criterion the usual asymmetry prevails if such is not the case the lower quality lower price brands promote more effectively more precisely our model predicts that cross promotion effects depend on two components of brand positioning in the price quality quadrant first we define a variable termed positioning advantage that indicates whether relative to the standards achieved by another brand a given brand is underpriced positive advantage or overpriced negative advantage promotion effectiveness is increasing in this variable second cross promotion effects between two brands depend on their distance in the price quality quadrant this variable impacts promotion effectiveness negatively and symmetrically for any pair of brands positioning advantage and brand distance are orthogonal components of brand positioning irrespective of the degree of correlation between available price and quality levels in the market empirically we investigate the role of brand positioning in explaining cross promotion effects using panel data from the chilled orange juice and peanut butter categories we compute the independent positioning variables positioning advantage and brand distance from readily available data on price and quality positioning after obtaining our estimates of we next measure promotion effectiveness by estimating choice share changes in response to a price discount using a choice model that does not contain any information about quality price ratios finally we test the relation between the two positioning variables and the promotion effectiveness measures the data reveal that in the orange juice category lower quality lower price brands generally promote more effectively than higher quality higher price brands in the peanut butter data the opposite asymmetry holds in both cases inter brand promotion patterns are well explained by the positioning variables an attractive feature of our model is that in addition to the direction of promotion asymmetries it also explains the extent of those asymmetries a further interesting aspect of this approach is that we go beyond a categorization of brands into price tiers for instance lower tier brands in our data may promote more effectively than one national brand but less effectively than another consistent with our theoretical predictions the data presented here seem to confirm that such cases occur because the lower tier brand offers a favorable trade off of price and quality differences compared with one national brand and a less favorable trade off compared with the other the content of this paper is potentially relevant for brand managers or retailers concerned with predicting the impact of their promotions the paper is of particular interest to marketing scientists who study the performance of store brands versus national brands and may also appeal to those who wish to explore the marketing implications of behavioral decision theory finally our investigation does not reject blattberg and wisniewski s 1989 finding shared by allenby and rossi 1991 and hardie johnson and fader 1993 that national brands have a principle advantage in promotion effectiveness rather it formalizes when this principle advantage is overruled by positioning disadvantages of such brands

you can t manage right what you can t measure well technological innovation efficiency abstract this paper proposes a new approach to tackle the innovation performance relationship it addresses the so far mixed and inconclusive results of studies analyzing this relationship we argue that the undifferentiated use of innovation inputs and outputs to measure firm innovativeness is not without problems and that from a productive perspective they should be simultaneously analyzed this study follows a two stage empirical analysis using a sample of spanish manufacturing firms for the period 1992 2005 by examining two inputs and two outputs of the innovation process in the first stage we estimate technological innovation efficiency by means of an intertemporal data envelopment analysis dea bootstrap and also observe the yearly efficiency changes based on a global malmquist index in the second stage we analyze the effect of technological innovation efficiency on firm performance through a generalized method of moments gmm system the results support our arguments that the best measurement of outcomes of technological innovations is through the efficiency with which they are developed in addition we test the moderating effect of technological intensity level and firm size on the efficiency performance relationship

labor supply price market wage and the social opportunity cost of labor there is a substantial body of literature on the social opportunity cost of labor a major shortcoming of some of this literature is that it identifies the concept of social opportunity cost of labor socl only with forgone output or the wage paid at the previous job ignoring nonmonetary compensations this limitation is particularly important in the case of public projects that result in workers moving from one region to another generally different locations have different degrees of attractiveness and the monetary compensation required to attract a worker to a new job may be larger or smaller than the monetary compensation of the worker s previous job moreover if the forgone output concept is used to measure the socl in the case where a previously unemployed worker takes a job it may be tempting to value the socl at zero since there is no output loss it is obvious that workers attribute some value to their time even if they were previously unemployed otherwise they would be willing to work for free in this article the labor market will be looked at as a group of interrelated markets in which workers find differences in nonmonetary compensations private costs can be different from social costs if there are market distortions or externalities in line with harberger s three basic postulates of applied welfare economics the socl has two main components 2 first the cost of attracting a worker to the job in question labor supply price second the welfare effect that results from disturbing related markets subject to externalities or distortions

mergers acquisitions and innovation performance in the telecommunications equipment industry the worldwide telecommunications equipment industry has experienced an enormous number of mergers and acquisitions m a this article examines the innovation determinants of m a activity a

trends and volatilities in foreign patents registered in the usa this study analyses the patent trends and volatilities for the top 12 foreign patenting countries in the us market from 1975 to 1997 japan is ranked first in terms of foreign patents registered in the usa followed by germany patent registrations from each of these countries have increased steadily over time but at different rates using monthly time series data for 1975 1997 the time varying volatility of australian japanese and german patents registered in the usa is examined in detail the asymmetric ar 1 gjr 1 1 model is found to be suitable for australia and japan while the best fitting model for germany is the symmetric ar 1 garch 1 1 model

patenting in the shadow of competitors this article empirically examines the patenting behavior of new biotechnology firms that have different litigation costs i show that firms with high litigation costs are less likely to patent in subclasses with many other awards particularly those of firms with low litigation costs this pattern is consistent with the literature on costly litigation which suggests that firms that have high litigation costs will take greater precautions to avoid litigation these results are robust to a variety of control variables and modifications that seek to test alternative explanations

innovation and firm value an investigation of the changing role of patents 1985 2007 abstract this paper examines how the relationship between firm value and patent based indicators of inventive activity has changed over time we use data from more than 33 000 mergers and acquisitions deals between 1985 and 2007 and distinguish between american uspto and european epo patents our results indicate that over time epo patents have become the dominant indicator of innovative activity while uspto patents have no effect on firm value near the end of the sample period the results are robust to controlling for citations and are especially strong for small firms for firms operating in the drug and chemical industries and when target and acquiring firms operate in different industries or countries

manufacturers channel structures when selling asymmetric competing products abstract manufacturers often face the fundamental channel structure decision namely whether to sell their products directly to consumers or indirectly through an intermediary to address this issue extensive research has analyzed equilibrium channel structures for competing equally substitutable products however in reality many competing products are asymmetric in both substitutability and brand equity in this paper we study how these two asymmetric characteristics affect the equilibrium channel structures of manufacturers selling competing products following some recent studies we adopt a refined consumer demand model derived from the representative consumer utility function based on this model we examine three possible types of competition between the two supply chains cournot quantity competition bertrand price competition and bertrand cournot competition we find that brand equity substitutability as well as the type of competition all play important roles in determining the equilibrium channel structures specifically in equilibrium a manufacturer always sells directly when its rival competes on quantity moreover when there is sufficient asymmetry in either brand equity or substitutability manufacturers tend to sell directly our results demonstrate that the benefits of selling indirectly shown in previous studies depend critically on the assumptions of equally substitutable products and bertrand competition

a probabilistic choice model for market segmentation and elasticity structure marketing scholars commonly characterize market structure by studying the patterns of substitution implied by brand switching though the approach is useful it typically ignores the destabilizing

the changing technology of technological change general and abstract knowledge and the division of innovative labour abstract in the past most innovations have resulted from empiricist procedures the outcome of each trial yielding knowledge that could not be readily extended to other contexts while trial and error may remain the primary engine of innovation developments in many scientific disciplines along with progress in computational capabilities and instrumentation are encouraging a new approach to industrial research instead of relying purely on trial and error the attempt is also to understand the principles governing the behaviour of objects and structures the result is that relevant information whatever its source can now be cast in frameworks and categories that are more universal the greater universality makes it possible for the innovation process to be organised in new ways firms can specialise and focus upon producing new knowledge and the locus of innovation may be spread across both users and producers more generally the use of general and abstract knowledge in innovation opens up the possibility for a division of labour in inventive activity the division of innovative labour the implications for public policy especially that on intellectual property rights are discussed

welfare impacts of intellectual property protection in the seed industry we examine the welfare impact of different intellectual property protection ipp regimes in private sector seed research and development r d we take into account the period after expiration of legal ipp and require simultaneous equilibrium in markets for r d seeds and final product optimal ipp is remarkably insensitive to alternative parameterizations except for r d productivity results suggest that optimal ipp is greater than ipp in the u s seed corn market but lower than the ipp that could be attained with genetic use restriction technologies optimal ipp is much higher than ipp achieved under open pollinated crops or where legal ipp is limited

antitrust and technological innovation in the us ideas institutions decisions and impacts 1890 2000 abstract the history of antitrust policy in the us as it relates to technological innovation exhibits major swings every few decades between favoring concentration and favoring deconcentration this paper sketches for each period the contending ideas that frame antitrust technology policy debates the salience of these ideas in the larger antitrust policy process the institutions for agenda setting and decision making in this area the policy decisions themselves and more speculatively the impacts of these decisions on technological innovation and industrial development the paper concludes with a preliminary attempt to identify the cyclical secular and static processes that have shaped the history of this policy area and to use this analysis to inform future policy makers

patents versus ex post rewards a new look abstract economic studies that aim at comparing the patent system social efficiency versus an ex post reward system rest on an outdated view of patents they assume that firms use the patent system only in order to be granted a short term commercial monopoly rent this assumption is convenient because it allows straightforward comparisons between patents and rewards but it is not confirmed by empirical studies which stress that in many industries most firms use patents as strategic devices to trade technologies and to ease r d collaborations this change leads to rethinking the framework of the patent reward debate

corporate science in the patent system an analysis of the semiconductor technology corporate scientific publications are often presented as a strategic means for firms to create prior art with the objective to prevent others from patenting related inventions this presumes that corporate publications enter the pool of prior art which is relevant to judge the novelty of patent applications at the patent office and that corporate science has the power to block patent applications this paper analyses for the first time whether the presumed mechanism behind corporate publications as a means to preempt patents works with focus on the semiconductor technology our results show that scientific publications by corporations challenge the novelty of patent applications at the european patent office epo significantly more than other pieces of prior art detailed information from the epo patent examination procedure allows us to show that corporate publications threaten the novelty of patent applications if combined with other pieces of prior art like patents rather than as standalone documents this supports the view that corporate scientific publishing can be an effective means for firms to protect their freedom to operate if used as a complementary part of a firms overall ip protection strategy as proposed by scholars in the field of law and management science

asymmetric and neighborhood cross price effects some empirical generalizations this paper provides some empirical generalizations regarding how the relative prices of competing brands affect the cross price effects among them particular focus is on the asymmetric price effect and the neighborhood price effect the asymmetric price effect states that a price promotion by a higher priced brand affects the market share of a lower priced brand more so than the reverse the neighborhood price effect states that brands that are closer to each other in price have larger cross price effects than brands that are priced farther apart the main objective of this paper is to test if these two effects are generalizable across product categories and to assess which of these two effects is stronger while the neighborhood price effect has not been rigorously tested in past research the asymmetric price effect has been validated by several researchers however these tests of asymmetric price effect have predominantly used elasticity as the measure of cross price effect the cross price elasticity measures the percentage change in market share or sales of a brand for 1 change in price of a competing brand we show that asymmetries in cross price elasticities tend to favor the higher priced brand simply because of scaling effects due to considering percentage changes furthermore several researchers have used logit models to infer asymmetric patterns we also show that inferring asymmetries from conventional logit models is incorrect to account for potential scaling effects we consider the absolute cross price effect defined as the change in market share percentage points of a target brand when a competing brand s price changes by one percent of the product category price the advantage of this measure is that it is dimensionless hence comparable across categories and it avoids scaling effects we show that in the logit model with arbitrary heterogeneity in brand preferences and price sensitivities the absolute cross price effect is symmetric we develop an econometric model for simultaneously estimating the asymmetric and neighborhood price effects and assess their relative strengths we also estimate two alternate models that address the following questions i if i were managing the ith highest priced brand which brand do i impact the most by discounting and which brand hurts me the most through price discounts ii who hurts whom in national brand vs store brand competition based on a meta analysis of 1 060 cross price effects on 280 brands from 19 different grocery product categories we provide the following empirical generalizations 1 the asymmetric price effect holds with cross price elasticities but tends to disappear with absolute cross price effects 2 the neighborhood price effect holds with both cross price elasticities and absolute cross price effects and is significantly stronger than the asymmetric price effect on both measures of cross price effects 3 a brand is affected the most by discounts of its immediately higher priced brand followed closely by discounts of its immediately lower priced brand 4 national brands impact store brands more so than the reverse when the cross effect is measured in elasticities but the asymmetric effect does not hold with absolute effects store brands hurt and are in turn hurt the most by the lower priced national brands that are adjacent in price to the store brands 5 cross price effects are greater when there are fewer competing brands in the product category and among brands in nonfood household products than among brands in food products the implications of these findings are discussed

is 75 of the sales promotion bump due to brand switching no only 33 is abstract several researchers have decomposed sales promotion elasticities based on household scanner panel data a key result is that the majority of the sales promotion elasticity approximately 74 on average is attributed to secondary demand effects brand switching and the remainder is attributed to primary demand effects timing acceleration and quantity increases the authors demonstrate that this result does not imply that if a brand gains 100 units in sales during a promotion the other brands in the category lose 74 units the authors offer a complementary decomposition measure based on unit sales the measure shows the ratio of the current cross brand unit sales loss to the current own brand unit sales gain during promotion the authors report empirical results for this measure they also derive analytical expressions that transform the elasticity decomposition into a decomposition of unit sales effects these expressions show the nature of the difference between the two decompositions to ga

encouraging private sector research for tropical agriculture summary agricultural needs in poor tropical countries differ significantly from those in temperate rich countries yet little agricultural research is performed on products for the tropics private research is particularly concentrated in rich countries this is a result of significant failures in the market for research and development r d in particular the difficulty of preventing the resale of seed in developing countries to encourage private r d in tropical agriculture traditional funding of research may be usefully supplemented by a commitment to reward developers of specific new agricultural technologies rewards tied to adoption may be especially useful in increasing up take an illustration of how a commitment to reward developers of new agricultural technologies might work is provided

behind the recent surge of chinese patenting an institutional view abstract this paper examines a number of forces that have possibly contributed to the explosive growth of chinese patenting over the past decade after a review of previous hypotheses and conventional wisdom this study proposes an additional explanation and argues that patent subsidy programs implemented by each provincial region have played an important role in the growth of chinese patenting this institutional change taking place at the province level has induced an increase in patent propensity among not only firms universities and research institutes but also individuals empirical evidence based on publicly available data provides solid support for this argument it was also found that a larger fraction of applications are granted patent rights since the implementation of such programs suggesting that reduction in patent application quality may not be a serious concern unless the criteria used for patent examination have been lowered

modeling loss aversion and reference dependence effects on brand choice based upon a recently developed multiattribute generalization of prospect theory s value function tversky and kahneman 1991 we argue that consumer choice is influenced by the position of brands relative to multiattribute reference points and that consumers weigh losses from a reference point more than equivalent sized gains loss aversion we sketch implications of this model for understanding brand choice we develop a multinomial logit formulation of a reference dependent choice model calibrating it using scanner data in addition to providing better fit in both estimation and forecast periods than a standard multinomial logit model the model s coefficients demonstrate significant loss aversion as hypothesized we also discuss the implications of a reference dependent view of consumer choice for modeling brand choice demonstrate that loss aversion can account for asymmetric responses to changes in product characteristics and examine other implications for competitive strategy

share tenancy as strategic delegation abstract the paper develops a new explanation of sharecropping based on the idea of an incentive equilibrium it considers a set up in which a few landlords in a village confront the choice of cultivating their farms by adopting different tenurial arrangements ranging from owner operation through the fixed rental system to sharecropping these landlords are the only sources of employment in the village and compete in the wages they pay to their workers in such an environment sharecropping is explained as a form of strategic delegation where a landlord gets extra benefit by having a share tenant and giving him suitable incentives

a survey of the economics of patent systems and procedures the last several decades have seen increases in patenting activity worldwide as well as growing issues related to patent quality in response to these quality issues a recent patent literature has emerged that investigates the behavior and incentives of patent examiners applicants and third parties in this paper we provide an overview of patent procedures patent systems and a survey of the new economic literature on patent systems both theoretical and empirical papers are considered policy implications coming from this literature are presented

intellectual property protection in plant varieties a worldwide index 1961 2011 in this paper we construct a new index measuring the strength of intellectual property ip protection for plant varieties in 69 countries over the period 1961 2011 we examine the statistical properties of the index and compare it with other indicators of ip protection we conclude that the index provides a reasonable synthetic assessment of the relative strength of ip protection in plant varieties across countries in addition we study the main determinants of the evolution of the index and examine the patterns of correlation between the index and agricultural production

the contribution of genetic modification to changes in corn yield in the united states we use a large rich dataset compiled from results of university extension trials to estimate the contribution of genetic modification gm to changes in corn yield in the united states from timea to timeb through repeated experimental trials we obtain consistent estimates of the effect of these traits by using both the hausman taylor estimator and a comparison of fixed effects estimates analogous to the agronomic practice of comparing near isolines our results suggest that gm traits had a positive impact on yield but that gains associated with combining several gm traits in one hybrid are not necessarily additive

the price elasticity of selective demand a meta analysis of econometric models of sales the author describes a meta analysis of econometric studies that estimated the elasticity of selective sales or market share to price the literature review yielded 367 suitable price elasticities

the effect of intellectual property rights on domestic innovation in the pharmaceutical sector summary there is little empirical evidence concerning the effect of intellectual property rights ipr protecting pharmaceutical products and processes on pharmaceutical domestic innovation indeed existing literature does not provide a punctual estimate of this effect for developing countries this paper fills this gap by exploiting a self constructed dataset which provides for a 22 year period information concerning ipr reforms involving pharmaceuticals for 74 developed and developing countries the identification strategy exploits the different timing across these countries of two sets of ipr reforms domestic innovation is measured as citation weighted domestic patent applications filed at the european patent office epo the highly skewed distribution of the dependent variable and the high number of zero observations are taken into account using count data models in particular a zero inflated negative binomial model is adopted to overcome previous literature assumption that all innovations are patented in the main markets of reference and to take into consideration the choice not to patent at the epo results show that innovation is sensitive to ipr protection but not to its degree moreover the effect is not long lasting my study also finds that developing countries profit significantly less than developed ones from the protection benefiting from an effect that is roughly half of that for developed countries consequent policy implications are examined and include the conclusions that a one size fits all approach can be inappropriate and that gradual reforms should be preferred to rare reforms that greatly alter the level of ipr protection

plant variety protection in developing countries a report from the field the establishment of intellectual property rights iprs for plant varieties has caused considerable controversy but there is relatively little empirical evidence on performance and options in developing countries this paper summarizes the results of a recent five country study concentrating on the conduct of plant variety protection pvp regimes it examines pvp in the context of other mechanisms that provide incentives for plant breeding it discusses the principal options available to developing countries and examines the ability of pvp to offer protection from competing firms and from on farm seed saving it also looks at the administrative and management requirements of pvp regimes although the paper does not discuss patent protection for biotechnology it examines the ipr requirements for the introduction of transgenic varieties developing countries need to establish an appropriate pvp system but pvp should be seen as part of a broader strategy for seed system development

incentive to reduce crop trait durability to reduce the competition from farmers who self produce seed an inbred line seed producer can switch to nondurable hybrid seed in a two period model we investigate the impact of crop durability on self production pricing and switching decisions and we examine the impact of license fees paid by self producing farmers first in an inbred line seed monopoly model we find that the monopolist may produce technologically dominated hybrid seed in order to extract more surplus from farmers further the introduction of license fees improves efficiency second we study how the monopolist s behavior is affected by the entry of a nondurable hybrid seed producer we show that the inbred line seed producer might benefit from competing with a technologically dominated hybrid seed producer as this allows for consumers discrimination

price induced patterns of competition this research focuses on how price changes influence the observed pattern of brand competition the paper begins with a basic utility model formulation and examines the implications of three major classes of preference distributions on the expected patterns of competition a price tier model is proposed to operationalize the theory and to allow predictive testing the price tier model is estimated on 28 brands across four product categories the results show a specific asymmetric pattern of price competition higher price higher quality brands steal share from other brands in the same price quality tier as well as from brands in the tier below however lower price lower quality brands take sales from their own tier and the tier below brands but do not steal significant share from the tiers above the results are consistent with a bimodal preference distribution with the regular price indifference point being located toward the lower quality end of the preference distribution for the categories analyzed

an analysis of selectivity in the productivity evaluation of biotechnology an application to corn we investigate selectivity bias in the evaluation of biotech hybrid productivity the analysis is applied to experimental data on wisconsin corn yields from 1990 to 2010 relying on a heckman like factor that accounts for selectivity we find evidence of selection bias indicating that some of the observed yield advantage associated with gm hybrids can be attributed to their conventional genes we document how the rising market concentration of biotech firms has contributed to increasing selectivity bias in corn yield the impact however is offset by the negative effect of the rising adoption rate of gm corn on selectivity bias copyright 2013 oxford university press

intellectual property rights in mexico do they play a role summary there is little empirical evidence concerning the effects of intellectual property rights ipr in technologically advanced developing countries complete enumeration of the mexican maize breeding industry showed that contrary to the hypothesis that ipr would support innovation ipr play no role in the industry ipr theory should be revised to include characteristics of developing countries critical for the good functioning of ipr quality of the institutional environment and importance of transaction given the relatively good score of mexico on these critical aspects ipr are likely to play an even smaller role in other developing countries

the relationship between market characteristics and promotional price elasticities many empirical studies in marketing and economics have estimated brand price elasticities for specific products in markets their results indicate that price elasticities seem to differ across brands product categories retail outlets and regions however there has been very little research which examines the factors associated with these observed differences this paper focuses on the promotional price elasticities of established major brands in stable categories it identifies some characteristics of markets which may be associated with differences in price elasticities for frequently purchased nondurables a cross sectional model of the effect of these market characteristics on price elasticities is developed and estimated utilizing own price elasticity estimates for brands at twelve stores the results indicate market characteristics such as brand market share couponing activity display activity and feature activity explain a substantial amount of the variation in promotional price elasticities

moderating factors of immediate gross and net cross brand effects of price promotions this article examines cross price promotional effects in a dynamic context among other things we investigate whether previously established findings hold when consumer and competitive dynamics are taken into account five main influential effects asymmetric price effect neighborhood price effect asymmetric share effect neighborhood share effect and private label versus national brand asymmetry appear jointly in the second layer of a pooled hb vec varx model together with brand and category specific variables this study tests the relative importance of these key factors across three scenarios with no market dynamics when only consumer dynamics are considered and when competitive reactions are also taken into account the results confirm all five influential effects even if they are jointly estimated and consumer and competitive dynamics are taken into account national brand private label asymmetry has the strongest influence on the cross price promotional effects and becomes significantly stronger when consumer and competitive dynamics are taken into account dynamic consumer responses and competitive reactions both affect cross brand price elasticities and contrary to expectations competitive reactions accumulate rather than diminish cross price elasticities preemptive switching does occur i e a brand s promotion in period t hurts a competitor s sales in subsequent periods our findings are based on an extensive data set to attain generalizable results we analyze 33 categories in five stores that is 165 store category combinations

welfare impacts of cross country spillovers in agricultural research the welfare implications of intellectual property protection ipp for private sector agricultural research are analyzed focusing on the realistic cases where countries provide different ipp levels technology spills over across countries and the public sector is involved in research a model is developed to determine who benefits from and who should pay for the associated research the article contains some interesting results on the implications of a harmonization of ipp policies through multilateral agreements or via technology that allows research firms to prevent the copying of plants and animals that express traits that have emerged from their research

regulation and firm size fda impacts on innovation this article estimates the highly differential impacts of fda regulations on pharmaceutical firms of various sizes where size is measured as scale of r d expenditures estimation is performed using the method of maximum quasi likelihoods using productivity trends of the united kingdom as a control to isolate fda regulatory effects in the united states it is shown that smaller u s pharmaceutical firms suffered devastating reductions in research productivity because of fda regulations in contrast the largest u s pharmaceutical firms apparently benefited from regulation as sales gains due to reduced competition more than offset their quite moderate declines in research productivity

infringement of intellectual property rights causes and consequences parallel revolutions in molecular biology and the legal framework that assigns intellectual property rights iprs to plant genetic resources have resultedin the emergence of agricultural biotechnology andthe introd uction of genetically modified gm products into the foodsystem iprs create economic incentives for research andd evelopment by making the innovator the residual claimant of the benefits associatedwith the new technology whereas iprs purport to protect intellectual property full appropriation of the benefits from the innovation is not a given when infringement of iprs i e piracy is profitable rational economic agents compliance with ipr provisions is by no means assured costly monitoring and enforcement are requiredto d eter unauthorized illegal use of the new technology experience from various countries aroundthe worldind icates that ipr enforcement is far from being perfect andmany successful innovations are

factors affecting university industry r d projects the importance of searching screening and signalling this paper presents an empirical analysis of the determinants of research cooperation between firms and public research organisations pros for a sample of innovating small and medium sized enterprises smes the econometric analysis is based on the results of the know survey carried out in seven eu countries during 2000 in contrast to earlier works that provide information about the importance of pros research we know the number of firm pro collaborative research and development r d projects this allows us to study the determinants of firm collaboration with pros in terms of both the propensity of a firm to undertake r d projects with a university do they cooperate or not and the extent of this collaboration number of r d projects two questions are addressed which firms cooperated with pros and what are the firm characteristics that might explain the number of r d projects with pros the results of our analysis point to two major phenomena first the propensity to forge an agreement with an academic partner depends on the absolute size of the industrial partner second the openness of firms to the external environment as measured by their willingness to search screen and signal significantly affects the development of r d projects with pros our findings suggest that acquiring knowledge through the screening of publications and involvement in public policies positively affects the probability of signing an agreement with a pro but not the number of r d projects developed in fact firms that outsource research and development and patent to protect innovation and to signal competencies show higher levels of collaboration

what is behind the recent surge in patenting abstract we investigate the cause of an unprecedented surge of us patenting over the past decade conventional wisdom points to the establishment of the court of appeals of the federal circuit by congress in 1982 we examine whether this institutional change which has benefited patent holders explains the burst in us patenting using both international and domestic data on patent applications and awards we conclude that the evidence is not favorable to the conventional view instead it appears that the jump in patenting reflects an increase in us innovation spurred by changes in the management of research

motives to patent empirical evidence from germany abstract against the background of the patent upsurge we first analyse the role of patenting and alternative instruments to protect intellectual property based on a sample of german companies active in patenting in a second step we investigate the motives to patent considering sector and company size effects we find that company size matters both for the importance of instruments and the motives to patent especially important are the new strategic motives to patent like using patents to improve a company s own position in negotiations with partners licensees and the financial sector or to use patents as incentives for r d personnel or performance indicators these correlate positively with company size we derive some possible challenges for future patent policies from these insights

the quality factor in patent systems this article develops a methodology to compare the quality of examination services in three major patent systems quality is defined as the extent to which patent systems comply with the patentability conditions in a transparent way the methodology consists of a two layer analytical framework encompassing legal standards ls and their operational design od which includes several interdependent components that affect the stringency and transparency of the filtering process the comparison of patent systems in europe japan and the united states shows that their operational designs differ substantially the european system provides higher quality and more expensive examination services than the united states one while the japanese patent system is in an intermediate position the results illustrate that different system designs lead to different outcomes in terms of backlogs patent propensity and the number of dubious patent rights in force in this respect these findings i provide an empirical validation of the conjecture of a vicious cycle linking the quality of examination and demand for patents and ii highlight the need for a multifaceted convergence of patent systems before mutual recognition is put in place the author 2011 published by oxford university press on behalf of associazione icc all rights reserved

the effect of intellectual property rights on agricultural productivity this article explores how the strengthening of intellectual property ip protection affects agricultural productivity in a panel of countries for the period 1961 2011 using an index of ip protection for plant varieties we study the effect of stronger intellectual property rights iprs on cereal yields and two different types of cereals open pollinated wheat and hybrid maize we found that the strengthening of iprs has a positive effect on productivity of cereals for high and low income countries however we found no significant effect for middle income countries in addition we found that becoming a member of the trade related aspects of intellectual property rights negatively affects cereal yields finally we found evidence of the existence of nonlinearities in the effect of iprs on agricultural yields which confirms a threshold effect of iprs that also varies for countries of different income level the findings support the hypothesis that country specificities are important in determining the effect of iprs and imply that there is no unique system that fits all

a great wall of patents what is behind china s recent patent explosion abstract china s patent surge documented in this paper is seemingly paradoxical given the country s weak record of protecting intellectual property rights using a firm level data set that spans the population of china s large and medium size industrial enterprises this paper explores the factors that account for china s rising patent activity while the intensification of research and development in the chinese economy tracks with patenting activity it explains only a fraction of the patent explosion the growth of foreign direct investment in china is prompting chinese firms to file for more patent applications amendments to the patent law that favor patent holders and ownership reform that has clarified the assignment of property rights also emerge as significant sources of china s patent boom these results are robust to alternative estimation strategies that account for over dispersion in the patent counts data and firm heterogeneity

the asymmetric share effect an empirical generalization on cross price effects abstract prior empirical literature states that asymmetry in cross price effect favors the high share brand that is when high share brands discount they have a greater impact on low share brands than the reverse this conclusion is based on consideration of cross price elasticities the authors point out that focusing on cross price elasticities for assessing asymmetry is inappropriate for determining the incremental profitability from price promotions instead asymmetries should be investigated in absolute cross price effects that is change in market share of a competing brand for a unit price change of the focal brand the authors theoretically and empirically demonstrate that asymmetry reverses when absolute cross price effect is considered that is the absolute cross price effect of a price reduction of a low share brand on the market share or sales of a high share brand is greater than the reverse the authors discuss the implications of the findings and future research directions

patent rights and innovative activity evidence from national and firm level data global standards of patent protection have been strengthened and harmonized in recent years despite the heated policy debates and theoretical controversies empirical studies of the consequences for innovative activity are scant this paper contributes to the debate by providing an empirical analysis of the effects of patent strength on different aspects of innovative activity namely firm level research and development r d domestic patenting and foreign patenting the analysis employs an updated index of patent rights the results show the complexity of evaluating the effects of patent reform on innovative activity since the effects vary nonlinearly depending on the initial level of patent strength and vary by a country s level of economic development overall for developing economies patent strength negatively affects domestic patent filings and insignificantly affects r d and foreign patent filings for developed economies patent strength positively affects r d and domestic patent filings and negatively affects foreign patent filings after some critical level of patent protection is reached journal of international business studies 2007 38 878 900 doi 10 1057 palgrave jibs 8400306

an option perspective on generating and maintaining plant variety rights in china notwithstanding the ambiguous research and productivity promoting effects of plant variety protections pvps even in developed countries many developing countries have adopted pvps in the past few years in part to comply with their trade related aspects of intellectual property rights trips obligations seeking and maintaining pvps reserves options to an expected revenue stream from the future sale of protected varieties the value of which varies for a host of reasons in this article we empirically examine the pattern of pvp applications in china since its pvp laws were first introduced in 1997 we place those pvp rights in the context of china s present and likely future seed markets to identify the economic incentives and institutional influences on decisions to develop and apply for varietal rights

pioneering inventors or thicket builders which u s firms use continuations in patenting why do firms use continuations in the prosecution of their patents motivated by the widespread use of continuations by u s firms and the prominence of this procedure in u s patent policy debates we investigate the influence of corporate and patent characteristics on the use of continuations we employ novel data on applicants and their filings of three types of continuations the continuation application cap the continuations in part cip and divisions during 1981 2000 to distinguish among the motives for continuing patents we find that cips are disproportionately filed by research and development intensive firms that patent heavily and that these continuations are more common in chemical and biological technologies patents issuing from cips cover relatively important inventions and their use appears consistent with a strategy of protecting pioneering inventions in contrast caps and divisions are associated with less important patents assigned to capital intensive firms particularly in computer and semiconductor fields and appear to be used in defensive patenting strategies we analyze the effects of the 1995 change in patent term and find that the act reduced continuations overall and shifted the output of continuations toward less important patents

derivative ideas and the value of intangible assets we build a general equilibrium model where growth is driven by two invention types fundamental ideas that cause creative destruction and derivative ideas that enhance the value of existing inventions the model provides a new mapping from microeconomic patent data to aggregate total factor productivity growth and the aggregate value of privately owned knowledge we show how to measure the frequency of derivative ideas and the rate of creative destruction we estimate that derivative ideas account for 70 80 of all patents and their presence more than doubles the value of knowledge capital relative to what the measured innovation rate might otherwise imply

an integrated choice model incorporating alternative mechanisms for consumers reactions to in store display and feature advertising the marketing literature has suggested two prominent decision mechanisms through which in store display and feature advertising can affect brand choice which i call the price cut proxy effect and the consideration set formation effect the primary objective of this study is to propose an integrated brand choice model that incorporates these two possible behavioral mechanisms which have been shown to work by previous research the model allows consumers to use various combinations of the decision mechanisms with different probabilities and thus enables one to jointly assess the extent to which each effect might occur in actual purchase data and to investigate how consumers might differ in their tendencies to engage in these decision processes by incorporating these likely behavioral mechanisms the proposed model alleviates the problems caused by multicollinearity and produces sensible parameter estimates for the joint effects of promotion vehicles in store display feature ad and price discount which contributes to better managerial decision making

empirical generalizations and marketing science a personal view marketing has matured to the point where it seems desirable to take stock of where we are what we have learned and fruitful directions for extending the knowledge base that has developed science is a process involving the interaction between empirical generalizations and theory an empirical generalization is a pattern or regularity that repeats over different circumstances and that can be described simply by mathematical graphic or symbolic methods one of the purposes of the empirical generalizations conference held at wharton on february 16 18 1994 was to develop a list of examples of such empirical generalizations in marketing empirical generalization can precede a theory to explain it or it can be predicted by a theory science is the process of interaction between theory and data that leads to higher level theories examples are provided here of empirical generalizations in marketing and their theoretical counterparts one example is provided of a higher level theory

quality perceptions and asymmetric switching between brands rotating indifference curves are used to induce an income effect that favors superior brands at the expense of inferior brands in a discrete choice model when calibrated on scanner panel data the model yields an objective measure of brand quality which is related to the rate of rotation the model also leads to asymmetric responses to price promotions where switching up to high quality brands is more likely than switching down the model is capable of nesting the standard logit model and is similar to a nested logit model when there exists clusters of brands of like quality the model is used to explore a product line pricing decision where profits are maximized subject to the constraint that consumer utility is maintained

design complexity vertical disintegration and knowledge organization in the semiconductor industry this article examines the advantages and drawbacks of internal knowledge integration versus collaborative outsourcing as two polar modes of governance in the design of application specific integrated circuits asics increasing technological complexity miniaturization and the generalization of markets for technology have induced higher integration constraints for designers the pace of innovation and frequent changes in design rules require a tightly controlled design process as a consequence knowledge integrators must develop expertise beyond the scope of their domain of activity if they are to ascertain the overall efficiency of systems we find that although internalization of knowledge integration reduces coordination and agency related costs the involvement of partner firms in upstream design phases facilitates knowledge sharing and improves the coordination of innovation in modules the analysis of the evolution of the asics industry shows that while large system integrators remain the dominant players specialist firms are gaining market shares and do not hesitate to embark on the design of leading edge systems this result may simply reveal the increasing value of component knowledge in a disaggregated value chain however relying on a comparative case study of two similar development processes one with each of the knowledge integration approaches we confirm the strength of decentralized modes of governance on the condition that partner firms engage in a long term relationship copyright 2007 oxford university press

modeling the distribution of price sensitivity and implications for optimal retail pricing this article focuses on the distribution of price sensitivity across consumers we employ a random coefficient logit model in which brand specific intercepts and price slope coefficients are allowed to vary across households the model is estimated with panel data for two product categories the implications of the estimated model are deduced through an optimal retail pricing analysis that combines the panel data with chain level cost figures we test parametric distributional assumptions using semiparametric density estimates based on series expansions

investigating purchase incidence brand choice and purchase quantity decisions of households we develop a comprehensive utility maximizing framework to study the impact of marketing variables on the category purchase brand choice and purchase quantity decisions of households for frequently purchased packaged goods the model allows for dependence among the three decisions while ensuring that these decisions provide in combination the greatest possible utility to the household by accounting for variations in reservation prices and intrinsic brand preferences across households the modeling framework explicitly captures the effects of unobserved heterogeneity on all three purchase decisions the principal empirical finding from analyzing the a c nielsen data for the yogurt product category is that the substantive implications for the effects of marketing variables are sensitive to whether these effects are determined conditional or unconditional on a product category purchase our results show that reservation prices and intrinsic brand preferences vary across households and not accounting for these variations in the estimation could lead to biased estimates for the coefficients of the marketing variables a comparison of our results to those obtained from a nested logit model of purchase incidence and brand choice reveals that our proposed model performs better using both a formal statistical test as well as the criterion of predictive validity in a holdout sample of panelists further the purchase quantity model compares favorably with two alternative models of quantity choice in the validation sample

efficient share tenancy contracts under risk the case of two rice growing villages in thailand abstract two categories of thai sharecroppers are observed to be efficient those under high poverty and high risk and those in a long term relation of gift exchange with their landlord econometric estimates show that use of variable factors by these sharecroppers is insignificantly different from that by owner operators and significantly higher than that by generic sharecroppers interpretations for this behavior are provided by models of sharecropping under safety first and of repeated contracts with gift exchange

assessing the competitive interaction between private labels and national brands in this article we employ the linear approximate almost ideal demand system la aids and specify price reaction equations derived under the la aids specification we perform intracategory analyses using data on six individual categories as well as a pooled analysis on a sample of 125 categories and 59 geographic markets we find that consumer response to price and promotion decisions demand and firm pricing behavior supply jointly determine observed market prices and market shares further estimates of residual demand elasticities suggest that examination of partial demand elasticities alone may provide an incomplete picture of the ability of brands to raise price copyright 2000 by university of chicago press

the value of u s patents by owner and patent characteristics abstract this paper uses renewal data to estimate the value of u s patents controlling for patent and owner characteristics estimates of u s patent value are substantially larger than estimates for european patents however the ratio of u s patent value to r d for firms is only about 3 contrary to a common assertion patents issued to small patentees are much less valuable than those issued to large corporations litigated patents are more valuable as are highly cited patents however patent citations explain little variance in value suggesting limits to their use as a measure of patent quality

do patent rights matter 40 years of innovation complexity and productivity abstract does the rigorous protection of patents advance or retard economic development two decades ago a new global standard of intellectual property swept across developing and industrialized nations through the implementation of the wto s trips agreement many years later the issue of patent rights remains contentious in this paper we focus on the effects of patent rights systems on total factor productivity growth using dynamic panel regression analysis for 70 countries from 1965 to 2009 we show that the effects of stronger or more rigorous patent systems are insignificant for productivity growth in both developing and industrialized countries why does the strength of patents appear to have no impact on productivity classic economic theory suggests that stronger patent systems incentive innovative output with important spill over effects for productivity and growth we offer an alternative explanation using data from the economic complexity index we find that while patents rights are increasingly irrelevant to productivity the relationship between economic complexity and productivity is highly positive and significant our results are consistent with the contributions of the absorptive capacity theory in that they suggest it is not the discovery and ownership of novel products and processes at the innovative frontier that induces productive growth but the ability to adapt replicate and diffuse along the international productive chain

the profit benefits of category management the practice of category management i e empolying a single decision maker who is responsible for a firm s product line has been advocated as a superior alternative to brand management i e in

do patents work thickets trolls and antibiotic resistance this paper connects ideas from recent literature on the economics of intellectual property ip to address the question did the strengthening and broadening of ip rights from important patent policy changes in the us promote greater innovation the analysis rests on the theory of cumulative innovation which shows that if ip rights on a pioneer invention extend to follow on research and impediments to contracting exist then strengthening patents can actually reduce overall innovation recent empirical studies are consistent with the theory patents can significantly deter follow on research in complex technology areas where contracting is difficult computers electronics telecommunications but not in drugs chemicals and human genes i outline remedies from court decisions and antitrust policy for addressing inefficiencies from patent trolling patent thickets and the anti commons of fragmented ownership i then apply the analysis to the antibiotics market drawing on recent research to examine how patent and competition policies can be used to improve incentives for drug development in the battle against antibiotic resistance the literature provides persuasive evidence that the policy changes overreached in broadening and strengthening ip rights and reveals important patent reforms for improving the effectiveness of patent systems in the us and canada

measuring consumer and competitive impact with elasticity decompositions abstract marketing investments are designed to change consumer behavior in ways that help goods compete in the marketplace previous research has focused on using elasticity decompositions to measure how these investments affect either consumer decision making or competing goods on the one hand decision based decompositions attribute the growth in own good demand to changes in the consumers decision making processes on the other hand unit based and share based decompositions attribute the same growth to either rivalrous or nonrivalrous sources the objective of this article is to provide a clear and accurate method that simultaneously attributes the growth in own good demand to changes in 1 consumers decisions 2 competitive demand and 3 competitive market share the author accomplishes this by settling some confusion about what the decision and share based decompositions mean by discussing how each of the decompositions are related to the others and by discussing the research questions th

the decomposition of promotional response an empirical generalization price promotions are used extensively in marketing for one simple reason consumers respond the sales increase for a brand on promotion could be due to consumers accelerating their purchases i e buying earlier than usual and or buying more than usual and or consumers switching their choice from other brands purchase acceleration and brand switching relate to the primary demand and secondary demand effects of a promotion gupta 1988 captures these effects in a single model and decomposes a brand s total price elasticity into these components he reports for the coffee product category that the main impact of a price promotion is on brand choice 84 and that there is a smaller impact on purchase incidence 14 and stockpiling 2 in other words the majority of the effect of a promotion is at the secondary level 84 and there is a relatively small primary demand effect 16 this paper reports the decomposition of total price elasticity for 173 brands across 13 different product categories on average we find that 25 of the elasticity is due to primary demand expansion i e purchase acceleration and 75 to secondary demand effects or brand switching thus while gupta s finding that the majority of promotional response stems from brand switching is supported the average magnitude of the effect appears to be smaller than first thought more important there is ample evidence that promotions have a significant primary demand effect the relative emphasis on purchase acceleration and brand switching varies systematically across categories and the second goal of the paper is to explain this variation as a function of exogeneous covariates in doing this we recognize that promotional response is the consumer s reaction to a price promotion and therefore develop a framework for understanding variability in promotional response that is based on the consumer s perspective of the benefits from a price promotion these benefits are posited to be a function of i category specific factors ii brand specific factors and iii consumer characteristics the framework is formalized as a generalized least squares meta analysis in which the brand s price elasticity is the dependent variable several interesting results emerge from this analysis category specific factors brand specific factors and consumer demographics explain a significant amount of the variance in promotional response for a brand at both the primary and secondary demand levels category specific factors have greater influence on variability in promotional response and its decomposition than do brand specific factors there are several instances where exogenous variables do not affect total elasticities yet significantly affect individual components of total elasticity in fact the lack of a significant relationship between the variables and total elasticity is often due to offsetting effects within two or more of the three behavioral components of elasticity this is particularly true for brand specific factors which typically have no effect on total elasticity yet have important effects on the individual behaviors there is some evidence to suggest that not all promotion related increases in primary demand are due to forward buying in some cases promotions appear to increase consumption we use these results to illustrate how category and brand specific factors work to drive primary and secondary demand elasticities in different directions in short this paper offers an empirical generalization of a key finding on promotional response how elasticities decompose across brand choice purchase incidence and stockpiling and new insights into factors that explain variance in promotional response these findings are likely to be of interest to researchers who are concerned with theory development and the generalizability of marketing phenomena and to managers who plan promotion campaigns

r d determinants accounting for the differences between research and development the determinants of r d are an important topic of innovation studies the classical schumpeterian hypotheses about the influence of size and market power have been complemented with the role played by industry determinants such as demand pull technological opportunity and appropriability in determining r d investments however r d has always been considered as a whole even though research and development activities differ in many aspects we take advantage of a new panel database of innovative spanish firms pitec to distinguish between research and development efforts of firms we analyze the differentiated role played by traditional r d determinants in driving research and development results show that demand pull and appropriability have a higher effect on development while technological opportunity is more influential for research differences are statistically significant important in magnitude and robust to the use of different indicators for demand pull technological opportunity and appropriability and to several robustness checks

the effects of the us plant variety protection act on wheat genetic improvement in our model of partially appropriable invention if the us plant variety protection act pvpa of 1970 succeeded in strengthening intellectual property protection for plant breeders it should have led to increases in investment in varietal r d improved varietal quality and enhanced royalties these hypotheses are tested using data on us wheat we find that the pvpa may have stimulated public but not private sector investment in wheat varietal improvement but that the pvpa did not cause any increase in experimental or commercial wheat yields these findings indicate that the pvpa had little impact on excludability or appropriability in wheat varieties

the cross price effect on willingness to pay estimates in open ended contingent valuation abstract previous literature has shown that potential buyers use a reference price or product to form their opinion about the value of a new product therefore the pricing decision is an interactive process we investigate the two generalizations of the cross price effect the neighborhood price effect and the asymmetric price effect on consumer willingness to pay wtp for multiple similar products in an open ended contingent valuation context results show that the cross price effect on wtp is prominent with the neighborhood price effect holding in contingent valuation no conclusions are reached about the asymmetric price effect

the changing composition of innovative activity in the us a portrait based on patent analysis abstract in this paper patent bibliometrics are used to investigate shifts underway in the american innovation system patent indicators point to extraordinarily dynamic innovation in information and health technologies accompanied by a shift in the center of us innovation from the east to the west coast innovating companies are adapting to the demise of large corporate basic research laboratories by using their own research instead growth in university patenting is also striking and universities have become dominant patentees in a few large economically vibrant cities the importance of universities to local innovation has also been revealed by the growth in referencing from patents to papers which allows us to see that companies preferentially reference papers from in state public sector institutions