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Swedish Patent Litigation in Comparison to European

PublikationArtikel (med peer review)
Anna Horn, Bengt Domeij, Financing of Innovations, Företagandets villkor, Innovation, Juridik, Patent, Per-Olof Bjuggren, Rättsekonomi

Sammanfattning

Exclusivity and transferability are the main characteristics of a private property right. The owner of a private property right has the legal rights to exclude others from its use, to appropriate the income emanating from its use and to sell it on whatever terms he and the buyer find agreeable. Insecure property rights discourage investors from investing. Property rights in ideas are called intellectual property rights. Intellectual property rights have a public good attribute. The protected information can be consumed by many at the same time. In order to give incentive to invest in innovations the use of the innovative idea has to be restricted (made exclusive). Without a possibility for an entrepreneur to charge for the use of innovative ideas there would be weak investment incentives. A patent is the intellectual property that intends to give an exclusive and transferable right to innovative technical ideas.
However, for a property right to be excludable and transferable it is crucial that it is well defined and legally enforceable. In this sense a patent differs from property rights to physical assets as e.g. ownership to land. To legally defend patents from infringements is costly and often results in a judicial decision that declares the patent invalid (revocation). In other words there is an uncertainty in the definition of the intellectual property right that makes the enforcement of patents costly. This transaction cost differs between jurisdictions. This paper studies different aspects of the legal enforceability of patents. More specifically we study how factors as legal costs, potential damages, duration of legal disputes, percentage of court decisions resulting in infringement or revocation differ between jurisdictions and are likely to affect the decisions of patentees to settle or to rely on a court decision. Litigation data from five different European jurisdictions is used.

Bjuggren, P-O., Domeij, B. & Horn, A. (2015). Swedish Patent Litigation in Comparison to European. Nordisk Immateriellt Rättsskydd, 2015(5), 504-522.


Liknande innehåll

Third-Generation Innovation Policy: System Transformation or Reinforcing Business as Usual?
BokkapitelPublikation
Bergkvist, J. E., Moodysson, J., & Sandström, C.
Publiceringsår

2022

Publicerat i

Questioning the Entrepreneurial State, 201.

Sammanfattning

There has been a shift in innovation policy in recent years toward more focus on systemic transformation and changed directionality. In this chapter, we describe a collection of challenges that such policies need to address. Based on a review of dominant frameworks regarding socio-technical transitions, we compare these theories with examples of innovation policy in different countries. Systemic transformation across an economy usually requires a process of creative destruction in which new competencies may be required, actors need to be connected in novel ways, and institutions may need to be changed. Our empirical illustrations show that support programs and initiatives across Europe do not always seem to result in such a process, as they include mechanisms favoring large, established firms and universities. These actors have often fine-tuned their activities and capabilities to the existing order, and therefore have few incentives to engage in renewal. As the incumbent actors also control superior financial and relational resources, there is a risk that they captivate innovation policies and thus reinforce established structures rather than contributing to systemic transformation.

Less from more: China built wind power, but gained little electricity.
BokkapitelPublikation
Grafström, J.
Publiceringsår

2022

Publicerat i

Questioning the Entrepreneurial State, 219.

Sammanfattning

This chapter investigates Chinese wind power development and concludes that innovation cannot be pushed by the efforts of many, and that when the state clarifies directions and objectives, these can be achieved but with severe and unexpected side effects. Two topics are explored: wind curtailment and low technological development, both examples of unproductive entrepreneurship induced by government policies. The goal of wind power capacity expansion leads to construction (i.e., generation capacity) but little electricity. Examples of failures include low grid connectivity with, some years averaging 15% of generation capacity broken or unconnected to the grid. A key lesson for Europe is that forced innovation often amounts to little and that the old saying holds up: “no plan survives contact with reality.”

The book can be downloaded here.

Ratio Working Paper No. 351: Knowledge Spillovers in the Solar energy sector
Working paperPublikation
Grafström, J.
Publiceringsår

2021

Publicerat i

Ratio.

Sammanfattning

The purpose of this paper is to provide an analysis of the existence and possible direction of international knowledge spillovers in the solar energy sector. Specifically, the paper investigates how the accumulation of solar energy patents and public R&D spending affected the output of domestic granted solar energy patents. The econometric analysis relies on a data set consisting of most of the OECD countries plus China and analyzes two time periods; from 1990 to 2014 and the years 2000 to 2014. To analyze the data material, a Poisson fixed-effects estimator based on the Hausman, Hall and Griliches (1984) method was used. The empirical findings suggest that the domestic accumulation of patents and R&D is important for the potential development of new ones. Indeed, early investment in specific technology can be an indicator of future leadership in that field.

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