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Intellectual Property Protection & Appropriating the Returns to Innovation

Prof Silvia Massini

[email protected]

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Silvia Massini 2021 ©

Motivation

Brief background and rationales for an IPR system

Why do we need Intellectual Property Rights?

Why can we not use standard laws?

What is the difference between tangible products and ideas, from the point of view of establishing their origin and creation?

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Silvia Massini 2021 ©

IPR Laws

Separate laws are required for intellectual property because they are intangible:

Creations of the mind, such as an idea for an invention, a piece or a trademark, can not, like physical objects, be protected against other persons’ use of them by mere possession of the object (WIPO, 1997)

IPR laws are crucial in their role to create incentives to produce and transfer new information and technology

Technical know-how created by R&D is, in general, very expensive to produce and relatively cheap to reproduce

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Silvia Massini 2021 ©

IPR Laws

The firm needs to appropriate the benefits of the invention

IPR avoid rapid imitation and allows to pay back the investments in R&D

IPR increases the monopoly power and imply restriction of competition resulting in:

Higher prices and greater profits for goods and services protected by IPR;

Static welfare losses, but dynamic welfare gains

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Silvia Massini 2021 ©

Overview

Overview of the Available Forms of IP Protection ...

Patents

Other Registered IP Protection:

Registered Designs and Trademarks

Other Unregistered IP Protection:

Copyrights and Design Rights

Strategic Forms of Intellectual Property Protection

Confidentiality Agreements, Secrecy, Complexity of Designs, Lead Time Advantages

Evidence from the UK CIS-3 / Examples

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Silvia Massini 2021 ©