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Maurer and Scotchmer (2002) pointed out that patents may be inferior to other forms of intellectual property in that the independent invention is not a defence to infringement. The authors' analysis refers to situations in which there is an unlimited number of potential entrants by independent...
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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 footing as the incumbent if it is...
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We study how different rules for allocating litigation costs impact on royalty negotiation in an environment such as the information technology sector where patent hold-up is possible. We first consider the American system, where each party bears its own costs, and the British system, where the...
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A common argument against compulsory licensing of intellectual property maintains that it facilitates the entry of inefficient producers, which may reduce social welfare independently of any effects on R&D incentives. We study the issue in a model where the innovative firm, under the threat of...
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