Organizational Effects of Intellectual Property (Micro Level)

Author(s):  
Jonathan M. Barnett

This chapter identifies real-world circumstances in which secure IP rights are a precondition for innovation specialists to extract value from R&D investments, given the ability of large integrated firms to imitate any successful innovation and capture the market through financing, production, and distribution efficiencies. Survey evidence and other evidence on patent application, issuance, and enforcement indicate that smaller firms tend to place a higher value on patents than larger firms as a mechanism for capturing returns on innovation. A secure IP regime enables firms to select from the full range of monetization structures in order to assemble the maximally efficient mix of organizational forms for executing the innovation and commercialization process.

Author(s):  
Adrian Kuenzler

This chapter turns to the restoration of consumer sovereignty. It revisits the three recurrent principles set out in Chapter 1 and argues that antitrust and intellectual property laws must understand consumers in their full socially embedded complexity to promote progress. Only in this way can analysts respect, rather than suppress, consumer preferences that evince concern for less proprietary forms of production and distribution in a marketplace which is heavily fixated on consumerism and passive consumption. It points to a number of ingenious recent studies from the cognitive psychological research that demonstrate that revealed preferences and external incentives have been offered as bright line rules for directing the consumer’s attention primarily (and exclusively) to conventional manufacturing and distribution techniques, but that such physical and economic processes scarcely exhaust the universe of choices about which consumers express strong interest.


2016 ◽  
Author(s):  
Ariel Katz

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation.This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine.


2009 ◽  
Vol 1 (1) ◽  
pp. 29 ◽  
Author(s):  
Cristiano Antonelli

Economics of knowledge provides new tools to study the features of knowledge as an economic good and new ways to understanding the governance of knowledge. This sheds new light upon the institutional design, the incentives mechanisms, including intellectual property rights, and the signalling devices that make it possible the organization of the production and distribution of knowledge in economic systems.


Author(s):  
Floribert Patrick C. Endong

The Nigerian film industry (Nollywood) has predominantly been presented as a masculine world. This is not unconnected to the fact that most of the players and central figures in the history and growth of the industry are masculine. However, female entrepreneurship has marked the industry right from the early stages of its existence. Like their male counterparts, female entrepreneurs have, through exceptional entrepreneurial techniques, provided actionable solutions to some of the production and distribution crises which the industry has witnessed. Using empirical understandings, this chapter critically explores female entrepreneurship in the sector. It provides a micro-level perspective of socio-economic challenges faced by women entrepreneurs in the Nollywood film industry and their future prospects. The chapter begins by exploring entrepreneurship in Nigeria's economy before delving into the prospects and challenges of women entrepreneurship in the Nollywood industry.


2018 ◽  
Vol 228 ◽  
pp. 05013
Author(s):  
Yingyu Bao

By collecting, comparing and analyzing the data of intellectual property crime cases officially published, it is found that there is a big contrast between the quantity and the actual situation. Such crimes have the possibility of the existence of large-scale crime black numbers, the expansion of the scope of real-world crime objects, and the difficulty of eradicating criminal objects in virtual worlds. It should be given priority in the legal framework to reduce the phenomenon of intellectual property crime.


1986 ◽  
Vol 10 (3) ◽  
pp. 221-244
Author(s):  
Paul Allen Beck

It has now been over twenty years since The American Political Science Review published “The Changing Shape of the American Political Universe” by Walter Dean Burnham (1965). This remarkably rich work is at once a study of historical variations in citizen electoral behavior, of the partisan realignment of 1896 and the realignment process in general, and of the connections between voter behavior and the patterns of American politics and public policy. It also raises fundamental epistemological issues about the relationship of micro-level and macro-level phenomena in politics—especially the inherent limitations of single-shot public opinion surveys or of a focus on a single political period in understanding the full range of possibilities for citizen involvement in a democratic political order. Unlike many scholarly works which rise meteor-like to prominence then rapidly vanish, “Changing Shape” remains at least as influential today as it was twenty years ago.


Author(s):  
Tess Wilkinson-Ryan

Experimental psychology has become an increasingly reliable and available tool for legal scholars the research of which implicates human behaviour and cognition. This article considers areas of legal scholarship that have used experimental psychology in different ways. These areas include tort law and settlement (e.g. assessing fairness, punishment, and compensation); contracts (e.g. assessing the social, moral, and practical meanings of promissory obligations for ordinary people); dispute resolution, intellectual property, and studies on the differential effects of certain manipulations on different cultural sub-groups. Using these areas as case studies, it is possible to unpack the resonances, implications, and limitations of an experimental psychology approach to legal questions. The article concludes with an example of how experimental psychology has been used to uncover and explain a real-world effect, in this case in the bankruptcy context.


2018 ◽  
Vol 21 (3) ◽  
pp. 71-80
Author(s):  
Kim-Marlène LE ◽  
Julien PÉNIN

The online adult entertainment industry, as Darling (2014) showed, is a new case of low intellectual property regime, i.e. largely inefficient in preventing the massive copying of content. In this paper, we focus on alternative pornography and explore the mechanisms which contribute to the creation of pornographic content. We argue that user communities help content providers to absorb sunk costs associated with content production and distribution. Our main conclusion is that, although user communities cannot solve alone the incentive failure in online pornography, they complement and reinforce strategies which enable content producers to earn revenues from vulnerable copyrighted works.


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