Session 225

Intellectual Property Rights

Track I

Date: Sunday, October 7, 2012


Time: 15:15 – 16:30


Room: Club D

Session Chair:

  • Sheryl Winston Smith, Temple University

Title: De facto and De Jure IPR Law in India: Are Multinationals Handicapped? Empirical Evidence from Indian IP litigation 1972-2010


  • Anand Nandkumar, Indian School of Business
  • Mridula Anand, Indian School of Business
  • Anusha Sirigiri, Indian School of Business

Abstract: We seek to analyze the differences in the de facto and de jure IPR law and in particular explore its influence on litigation capabilities and incentives to seek legal IP protection. Using a novel data set comprising of all IP litigation in India from 1972-2010, and a novel identification strategy we also distinguish between differences in litigation competence from court bias. Our preliminary results suggest that, multinationals have better defense capabilities relative to Indian residents and while Indian residents have better offense capabilities relative to multinational firms. Using the TRIPS reforms in India we provide evidence how institutions affect firm innovation strategies. More specifically, our results suggest that differences between de facto de jure law influences litigation strategies of firms and consequently affects the effectiveness of IPR in stimulating innovation.

Title: Does Competitive Strategy Protect Companies from IP Free Riding?


  • Theresa Veer, University of Tuebingen
  • Knut Blind, Technical University of Berlin

Abstract: Companies with a distinct competitive strategy are attractive targets for free riding of intellectual property (IP) as copying their products either provides high margins (differentiation) or opens large markets (cost leadership). However, a clever combination of a competitive strategy with a suitable IP strategy and management can protect a company from IP free riding. Our findings suggest that cost leaders should use legal protection methods and ensure the enforcement of these methods. Differentiators should keep their knowledge and technology secret so as to mitigate the imitation enabling effect of technical intellectual property rights (IPR). Trademarks and registered designs are effective tools for companies of both competitive strategies. Policy should improve the effectiveness of IPR regimes allowing easy and fast enforcement of patents.

Title: Protecting Growth Options in Dynamic Markets: Using Strategic Disclosure in Integrated Intellectual Property Strategies


  • Tilo Peters, Swiss Federal Institute of Technology Lausanne
  • Jana Thiel, Maastricht University
  • Christopher Tucci, Ecole Polytechnique Federale de Lausanne

Abstract: In the context of high-velocity environments and resource-scarcity, intellectual property management in technology firms needs to provide strategic flexibility as well as efficient protection of commercialization options. In this paper we argue that an integrated IP strategy that combines patenting with strategic disclosure can efficiently secure growth options by protecting freedom to operate under technological and market uncertainty. We use case studies on new entrants as well as small and medium-sized companies to demonstrate how integrated IP strategies support strategic positioning of low-power actors and help them to tip emerging or dynamically changing markets in their favor. As a result, we advance a decision-making framework that allows technology firms identify conditions under which integrated IP strategies including strategic disclosure provide strategic benefits to the firm.

Title: The Role of Academic Patenting in Shaping Firms’ Technological Direction in a Nascent Field


  • Sarah Kaplan, University of Toronto
  • Keyvan Vakili, London Business School

Abstract: Despite extensive research on technological behavior of firms in well-established technological fields, much less work has explored their behavior in nascent fields characterized by multiple coexisting emerging technological lines and high uncertainty surrounding their potential profitability. In this paper, we investigate the role of academic patenting as a signal of potential usefulness of emerging technological trends. We use a new tool, topic modeling, to identify emerging trends in the field of carbon nanotubes. Using the text analysis results, we study how technological direction of academic publications and patents shape the technological direction of firms active in the field of nanotubes. The results can shed more light on firms’ behavior in nascent fields and the role of academic patenting in shaping their technological direction.

All Sessions in Track I...

Sun: 08:00 – 09:15
Session 274: Knowledge Foundations: A Conversation with Robert Grant about the Knowledge Based View
Sun: 09:30 – 10:45
Session 273: Big Data, Knowledge and Innovation
Sun: 11:15 – 12:30
Session 275: The Changing Nature of Innovation in Emerging Economies
Sun: 15:15 – 16:30
Session 225: Intellectual Property Rights
Session 229: Structure and Innovation
Mon: 08:00 – 09:15
Session 223: Individuals, Teams and Innovation
Session 242: R&D
Mon: 09:30 – 10:45
Session 140: Knowledge Management & Knowledge Structures: Who knows?
Session 226: Technology
Session 235: Learning
Mon: 13:30 – 14:45
Session 222: Integrating Knowledge about Knowledge Integration
Session 227: Knowledge Transfer and Replication
Mon: 16:30 – 17:45
Session 224: Absorptive Capacity
Session 236: Innovation and Performance
Tue: 08:00 – 09:15
Session 230: Ties, Networks, and Innovation
Session 237: Open Innovation
Tue: 11:00 – 12:15
Session 228: Exploration
Session 231: Alliance and Transfer
Tue: 14:15 – 15:30
Session 234: Incumbent Response to Foreign Entry and to Disruptive Innovation
Session 240: Capabilities
Tue: 15:45 – 17:00
Session 233: Structure and Transfer
Session 243: Entrepreneurs, Ventures, and Innovation
Tue: 17:30 – 18:45
Session 232: Innovation and Transfer
Session 239: Ambidexterity / Exploration and Exploitation
Session 244: Knowledge Management

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