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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

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.

Assessing user perceptions of the interplay between the sharing, access, platform and community‐based economies
Artikel (med peer review)Publikation
Geissinger, A., Laurell, C., Öberg, C., Sandström, C. & Suseno, Y.
Publiceringsår

2020

Sammanfattning

Purpose
Digitally intermediated peer-to-peer exchanges have accelerated in occurrence, and as a consequence, they have introduced an increased pluralism of connotations. Accordingly, this paper aims to assess user perceptions of the interplay between the sharing, access, platform, and community-based economies.

Design/methodology/approach
The sharing, access, platform, and community-based economies have been systematically tracked in the social media landscape using Social Media Analytics (SMA). In doing so, a total material of 62,855 publicly posted user-generated content concerning the four respective economies were collected and analyzed.

Findings
Even though the sharing economy has been conceptually argued to be interlinked with the access, platform, and community-based economies, the empirical results of the study do not validate this interlinkage. Instead, the results regarding user perceptions in social media show that the sharing, access, platform, and community-based economies manifest as clearly separated.

Originality/value
This paper contributes to existing literature by offering an empirical validation, as well as an in-depth understanding, of the sharing economy’s interlinkage to other economies, along with the extent to which the overlaps between these economies manifest in social media.

Ratio Working Paper No. 340: Job Creation in the Wind Power Sector Through Marshallian and Jacobian Knowledge Spillovers
Working paperPublikation
Aldieri, L., Grafström, J. & Paolo Vinci, C.
Publiceringsår

2020

Sammanfattning

The empirical evidence concerning the job-creation impact of wind power technology through knowledge spillovers is yet poor. Our objective is to contribute to the literature and bridge this gap. Specifically, our analysis explores to what extent investments in innovation activities of one firm affect the neighbouring firms’ generation of knowledge spillovers in the same sector (intra-industry) or to different sectors (inter-industry) and how this complex knowledge diffusion process impacts the employment dynamics. The econometric analysis relies on a sector-based panel dataset for the USA, Europe, and Japan between 2002 and 2017. The empirical findings suggest that there were negative employment spillovers from the same technology sector (Marshallian externalities) while the spillovers from more diversified activity (Jacobian externalities) have a positive impact on job-creation. The findings have relevant policy implications for governments who are developing an industrial strategy for wind power technology.

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