An Analysis of the Economic/Legal Literature on the Effects of IP Rights as a Barrier to Entry Fordham Center on Law and Information Policy Professor Joel.

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Presentation transcript:

An Analysis of the Economic/Legal Literature on the Effects of IP Rights as a Barrier to Entry Fordham Center on Law and Information Policy Professor Joel R. Reidenberg Academic Director Jamela Debelak Executive Director WIPO Geneva June 14,

Review relevant law and economics literature addressing IP rights as a barrier to entry Research emphasis on developing countries and on empirical literature Identify literature that addresses factors in the use of IP rights for exclusionary measures Recommend whether further empirical studies would be feasible and/or necessary to address the use of IP rights to limit entry of competitors into markets Research Mission 2

Comprehensive Search approach Search Terms Databases Results analysis Research Methodology 3

4

Extensive literature exists Small percentage is statistical analysis Largely theoretical and analytic studies Trends: IP Generally Patents Copyright Trademark Trade Secret Highlighted subtrends Licensing, litigation, ICT/pharma sectors, geographic case studies, linkages to economic development Overview of the Results 5

IP Rights Scope and Market Entry Barriers Corporate IP Strategies and Markets Licensing and Markets IP Litigation and Effects on Market Entry ICT Industries Geographic Case Studies IP Protection as a Barrier to International Trade Linkage between International IP Protection Standards and Economic Development Study Findings:General Trends in IP 6

Patent Right Scope and Market Entry Barriers Corporate IP Strategies and Markets Licensing and Markets IP Litigation and Effects on Market Entry ICT Industries Pharmaceutical Industry Biotechnology Industry Geographic Case Studies Linkage between International Patent Standards and Economic Development Patent Rights and Economic Development Study Findings:Trends in the Patent Area 7

Copyright Scope and Market Entry Barriers IP Litigation and Effects on Market Entry ICT Industries Geographic Case Studies IP Protection as a Barrier to International Trade Study Findings: Trends in the Copyright Area 8

Trademark Rights Scope and Market Entry Barriers Geographic Case Studies IP Protection as a Barrier to International Trade Study Findings: Trends in the Trademark Area 9

Limited literature T/S relationship to innovation and competition Study Findings:Trends in the Trade Secret Area 10

Empirical research studies: (1) the effects of IP on international trade; (2) the effects of IP licensing on market entry in relation to specific market sectors; (3) the effects of broadly defined IP rights on market entry in relation to specific market sectors; (4) the effects of corporate IP strategies on market entry; (5) the impact of IP rights on start-up entrepreneurs; (6) the administration of IP rights in specific industries, notably the pharmaceutical industry and patent office administration. Copyright research focused on the information, communication and technologies industries Trademark law and the Impact of branding on market entry Trade secret law and market entry Study Recommendations for Future Research 11