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. ReidenbergAcademic Director

Jamela DebelakExecutive Director

WIPOGeneva

June 14, 2011

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• 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

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• Comprehensive

•Search approach

•Search Terms

•Databases

•Results analysis

Research Methodology

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Research Methodology

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• 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

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• 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

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• 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

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• 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

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• 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

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• Limited literature•T/S relationship to innovation and competition

Study Findings: Trends in the Trade Secret Area

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•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

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