Innovation Law & Policy eJournal最新文献

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Is Language an Economic Institution? Evidence from R&D Investment 语言是一种经济制度吗?来自研发投资的证据
Innovation Law & Policy eJournal Pub Date : 2019-12-16 DOI: 10.2139/ssrn.3262822
J. Chi, Xunhua Su, Yun Tang, Bin Xu
{"title":"Is Language an Economic Institution? Evidence from R&D Investment","authors":"J. Chi, Xunhua Su, Yun Tang, Bin Xu","doi":"10.2139/ssrn.3262822","DOIUrl":"https://doi.org/10.2139/ssrn.3262822","url":null,"abstract":"Some languages encode future timing more ambiguously than others. We identify two economic channels through which more ambiguous reference to future timing leads to higher levels of R&D investment. Our empirical tests on country- and firm-level R&D investment confirm this prediction, even after controlling for an extensive set of formal and informal economic institutions and addressing endogeneity concern in multiple ways. Tests on patent generation provide further evidence that ambiguous reference to future timing leads to more innovation.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"233 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115594089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 36
The 'License As Tax' Fallacy “许可证即税收”的谬论
Innovation Law & Policy eJournal Pub Date : 2019-12-12 DOI: 10.2139/ssrn.3503148
Jonathan M. Barnett
{"title":"The 'License As Tax' Fallacy","authors":"Jonathan M. Barnett","doi":"10.2139/ssrn.3503148","DOIUrl":"https://doi.org/10.2139/ssrn.3503148","url":null,"abstract":"Intellectual property licenses are commonly portrayed as a “tax” that limits access to technology assets, which in turn stunts innovation by intermediate users and inflates prices for end-users. Renewed skepticism toward IP licensing, and associated judicial and regulatory interventions that apply per se-like liability rules under patent and antitrust law to IP licensing, overlook the fact that IP licenses typically play a “positive-sum” enabling function, rather than a “zero-sum” exclusionary function, by mitigating expropriation risks that would otherwise frustrate transactions between the holders of complementary specialized IP and non-IP assets. As illustrated by paradigm examples of licensing and other IP-dependent arrangements in content and technology markets, these transactional structures facilitate value-creating exchanges of knowledge assets, promote the division of labor among innovation and production specialists, and lower entry costs for firms that have strong innovation capacities but weak production and distribution capacities. An analytical framework that overlooks the enabling function of IP licensing is prone to recommend “false positive” policy actions that undermine the formation of markets in IP assets and, more generally, induce organizational distortions and reduce competitive intensity by disadvantaging R&D-specialist entities that rely on licensing-based monetization mechanisms while favoring integrated firms that maintain end-to-end commercialization structures.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"561 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132490477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Global Platform Dominance: Abusive or Competition on the Merits? 全球平台主导地位:滥用还是优势竞争?
Innovation Law & Policy eJournal Pub Date : 2019-10-31 DOI: 10.2139/ssrn.3540987
A. D. Chiriţă
{"title":"Global Platform Dominance: Abusive or Competition on the Merits?","authors":"A. D. Chiriţă","doi":"10.2139/ssrn.3540987","DOIUrl":"https://doi.org/10.2139/ssrn.3540987","url":null,"abstract":"This article challenges the mainstream position that dominant online platforms compete solely on their own merits and that their misuse of data should fall under data or privacy laws. Thus, a critically constructive narrative will compare recent cases and investigations involving Google, Facebook, and Amazon in several pro-active jurisdictions in the European Union, Germany, and India and in less interventionist jurisdictions such as the US, Canada, and the UK. The jurisdictional divide in dealing with global platform dominance will expose the convergence built upon a common ground approach to online dominance and the dissent from the former. This article argues that global platform competition has not been established on merit alone but has strengthened global platform dominance through the misuse of a large-scale combination of individuals’ data.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129551372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Operational Process Risk: A Further Discussion 操作过程风险:进一步讨论
Innovation Law & Policy eJournal Pub Date : 2019-10-31 DOI: 10.2139/ssrn.3479215
F. Sommers
{"title":"Operational Process Risk: A Further Discussion","authors":"F. Sommers","doi":"10.2139/ssrn.3479215","DOIUrl":"https://doi.org/10.2139/ssrn.3479215","url":null,"abstract":"This paper highlights a United States of America patent which outlines a method for measuring operational process risk.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127762932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Neck Cushion Based Alert System 基于颈垫的警报系统
Innovation Law & Policy eJournal Pub Date : 2019-10-13 DOI: 10.2139/ssrn.3469161
C. Ananth, Dr.S Selvakani, Dr.R. Latha, Dr. S. Pushpa, Dr. R. Kesavan
{"title":"Neck Cushion Based Alert System","authors":"C. Ananth, Dr.S Selvakani, Dr.R. Latha, Dr. S. Pushpa, Dr. R. Kesavan","doi":"10.2139/ssrn.3469161","DOIUrl":"https://doi.org/10.2139/ssrn.3469161","url":null,"abstract":"Christo Ananth et al. discussed about a disclosure which is made regarding a driving alert system which is designed in the form of a neck cushion which has the capability to sense the posture of the drivers neck position so as to identify whether the driver is alert and if he is dozing of. The system is made intelligent to obtain data from the movement so as to produce triggers to alert the user and to keep him/her awake to avoid accidents. The system is also linked to a mobile computing device so as to provide a report of the analysis done. The drivers location can also be tracked using the same.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131611178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How Concerned Should We Be About Algorithmic Tacit Collusion? Comments on Calvano et al. 算法隐性合谋应该引起我们多大的关注?对Calvano等人的评论
Innovation Law & Policy eJournal Pub Date : 2019-10-11 DOI: 10.2139/ssrn.3467923
Ai Deng
{"title":"How Concerned Should We Be About Algorithmic Tacit Collusion? Comments on Calvano et al.","authors":"Ai Deng","doi":"10.2139/ssrn.3467923","DOIUrl":"https://doi.org/10.2139/ssrn.3467923","url":null,"abstract":"A recent study by four economists (Calvano et al, 2019) has undoubtedly refueled the public and academic interest in algorithmic tacit collusion. In this study, the researchers find that their “algorithms consistently learn to charge supra-competitive prices, without communicating with one another… this finding is robust to asymmetries in cost or demand, changes in the number of players, and various forms of uncertainty.” Not surprisingly, this research has since been reported in a number of outlets including the Wall Street Journal, Financial Times, MIT Tech Review, among others. What does the study say about the likelihood of algorithmic collusion in the real world? Does it fundamentally change how we should think about tacit collusion in general? These are the questions I address in this note.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116968460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Industry that Cries Wolf: Pharma and Innovation 喊狼来了的行业:制药和创新
Innovation Law & Policy eJournal Pub Date : 2019-09-26 DOI: 10.7282/T3-6C5X-M263
Michael A. Carrier, G. Tung
{"title":"The Industry that Cries Wolf: Pharma and Innovation","authors":"Michael A. Carrier, G. Tung","doi":"10.7282/T3-6C5X-M263","DOIUrl":"https://doi.org/10.7282/T3-6C5X-M263","url":null,"abstract":"Whenever Congress considers reasonable legislation to lower drug prices, we hear that this will be the \"end of innovation.\" This short piece compares Big Pharma to the boy who cried wolf, offering numerous examples (going back to 1961!) of the industry claiming that legislation will harm innovation.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131322591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intellectual Property Rights Protection and Export Quality Upgrading 保护知识产权,提升出口质量
Innovation Law & Policy eJournal Pub Date : 2019-09-25 DOI: 10.2139/ssrn.3459439
G. Ndubuisi
{"title":"Intellectual Property Rights Protection and Export Quality Upgrading","authors":"G. Ndubuisi","doi":"10.2139/ssrn.3459439","DOIUrl":"https://doi.org/10.2139/ssrn.3459439","url":null,"abstract":"This paper evaluates the impact of effective IPRs protection on export quality using a factor-proportion model and a sample of 96 Developing countries and economies in transition between 1996-2011. I find that countries with more effective IPRs protection have comparative advantage in producing and exporting higher quality R&D intensive goods. This effect is however contingent on both a country’s level of development and technological capability. The results are robust to batteries of sensitivity checks and alternative indicators of export quality including, export sophistication and complexity.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114496183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Examining Crowdfunding Options for Computer Software: The Legal (Un) Certainties 研究计算机软件的众筹选择:法律(非)确定性
Innovation Law & Policy eJournal Pub Date : 2019-09-09 DOI: 10.2139/ssrn.3714169
Omolade Z. Adeyemi
{"title":"Examining Crowdfunding Options for Computer Software: The Legal (Un) Certainties","authors":"Omolade Z. Adeyemi","doi":"10.2139/ssrn.3714169","DOIUrl":"https://doi.org/10.2139/ssrn.3714169","url":null,"abstract":"Computer software is a distinctive intellectual property good, which importance increased with the introduction of personal computers. It has since gained traction with the IoT and the current industrialization wave. It is the subject of much regulatory and legal argument as a result of its capital generation and economic development capabilities. Nevertheless, software programmers, as with other start-ups, have difficulty in financing the development of their ideas and reducing the same to use. This difficulty arises from the unwillingness of the traditional financial institutions to provide adequate financial support.<br><br>This thesis, therefore, introduces crowdfunding as an alternative source of finance that can cater to these deficiencies. As an emerging and highly curated model by millennials and SMEs, crowdfunding is also the recipient of major debates on the suitable mode of regulation. By restricting the analysis of the legal issues that plague the crowdfunding of software to the European Union and the United States of America, this thesis explores the perceivable advantages and disadvantages. Particularly, the thesis seeks to explore the fundamental intellectual property problem that comes from exposure of ideas before protection. It also examines the possibility of adopting crowdfunding solely for economic exploitation. <br><br>The thesis then analyses the possible modifications that can be entertained under the current intellectual property rights regimes to ensure that project owners on crowdfunding platforms do not jeopardize their proprietary rights. Due to the uncertainty that trails the crowdfunding process, especially as some platforms would not release the funds, where the goal is not met, the thesis highlights the need to tread carefully when deciding on a business strategy by an IP owner.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115257519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Export and Stockpiling Waivers: New Exceptions for Supplementary Protection Certificates 出口和储存豁免:补充保护证书的新例外
Innovation Law & Policy eJournal Pub Date : 2019-08-28 DOI: 10.1093/jiplp/jpz108
Xavier Seuba
{"title":"The Export and Stockpiling Waivers: New Exceptions for Supplementary Protection Certificates","authors":"Xavier Seuba","doi":"10.1093/jiplp/jpz108","DOIUrl":"https://doi.org/10.1093/jiplp/jpz108","url":null,"abstract":"Regulation (EU) 2019/933 of 20 May 2019 enacted two new exceptions applicable to supplementary protection certificates. Pursuant to these exceptions, and during the pendency of a certificate, it is possible to manufacture in the European Union with the goal to export to third countries where no patent protection exists, and it is also possible to manufacture and stockpile generic versions of a product protected by a certificate as to enable entry into the market as from day one after the expiration of the certificate. The objectives of the new Regulation touch the core of the economics of the pharmaceutical industry in terms of competitiveness, entry to market, job creation and public health protection. The impact is estimated in billions of Euros and tens of thousands of new jobs. The effect goes beyond Europe since one of the exceptions is intended to satisfy the needs of third countries. Moreover, the normative model developed may be transplanted by countries adopting similar types of sui generis exclusivity. This article examines the new legal regime and the legal challenges ahead.","PeriodicalId":302796,"journal":{"name":"Innovation Law & Policy eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125248126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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