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Licensing And Innovation With Imperfect Contract Enforcement, Richard J. Gilbert, Eirik Gaard Kristiansen Jan 2015

Licensing And Innovation With Imperfect Contract Enforcement, Richard J. Gilbert, Eirik Gaard Kristiansen

Richard J Gilbert

Licensing promotes technology transfer and innovation, but enforcement of licensing contracts is often imperfect. We explore the implications of weak enforcement of contractual commitments on the licensing conduct of firms and market performance. An upstream firm develops a technology that it can license to downstream firms using a fixed fee and a per-unit royalty. Strictly positive per-unit royalties maximize the licensor's profit if competition among licensees limits joint profits. Although imperfect contract enforcement lowers the profits of the upstream firm, weak enforcement lowers prices, increase downstream innovation, and in some circumstances can increase total economic welfare.


The Protected Profits Benchmark: A Refusal To Deal Metric?, Richard J. Gilbert Jan 2013

The Protected Profits Benchmark: A Refusal To Deal Metric?, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Competition Policy For Industry Standards, Richard J. Gilbert Oct 2012

Competition Policy For Industry Standards, Richard J. Gilbert

Richard J Gilbert

This paper is a chapter in the forthcoming Oxford Handbook on International Antitrust Economics. The chapter surveys issues raised by the development of industry standards, whether accomplished through a formal standard setting committee structure or the activities of a single sponsor. The focus is on the tradeoff between the benefits from standards and possible costs that standards and the activity of standard development may impose on consumers. A particular focus is on the consequences of intellectual property rights for standards.


A World Without Intellectual Property?: Boldrin And Levine, Against Intellectual Monopoly, Richard J. Gilbert Jan 2011

A World Without Intellectual Property?: Boldrin And Levine, Against Intellectual Monopoly, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Revising The Horizontal Merger Guidelines: Lessons From The U.S. And The E.U. (With Daniel Rubinfeld), Richard J. Gilbert Jan 2011

Revising The Horizontal Merger Guidelines: Lessons From The U.S. And The E.U. (With Daniel Rubinfeld), Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Efficient Division Of Profits From Complementary Innovations, Richard J. Gilbert Jan 2011

Efficient Division Of Profits From Complementary Innovations, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Deal Or No Deal? Licensing Negotiations In Standard-Setting Organizations, Richard J. Gilbert Jan 2011

Deal Or No Deal? Licensing Negotiations In Standard-Setting Organizations, Richard J. Gilbert

Richard J Gilbert

Owners of patents with claims that are essential to a standard may charge high royalties for the use of products that comply with the standard. Standard-setting organizations (SSOs) have addressed this concern by seeking to obtain commitments from participating patent owners to license their essential patents at terms that are fair, reasonable, and non-discriminatory (FRAND). More recently, SSOs have considered joint negotiations by their members with patent owners to more clearly establish licensing terms before the standard issues. However joint negotiation may allow potential licensees to suppress royalty terms below a technology’s economic value. This paper advances an alternative proposal …


It Works For Mergers, Why Not For Finance? (With Aaron Edlin), Richard J. Gilbert Jan 2010

It Works For Mergers, Why Not For Finance? (With Aaron Edlin), Richard J. Gilbert

Richard J Gilbert

No abstract provided.


The Rising Tide Of Patent Damages, Richard J. Gilbert Jan 2010

The Rising Tide Of Patent Damages, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Ties That Bind: Policies To Promote (Good) Patent Pools, Richard J. Gilbert Jan 2010

Ties That Bind: Policies To Promote (Good) Patent Pools, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


The Essentialty Test For Patent Pools, Richard J. Gilbert Jan 2010

The Essentialty Test For Patent Pools, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Market Power In Us And Eu Electricity Generation, Richard J. Gilbert Jan 2009

Market Power In Us And Eu Electricity Generation, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Analytical Screens For Electricity Mergers (With David Newbery), Richard J. Gilbert Jan 2008

Analytical Screens For Electricity Mergers (With David Newbery), Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Injecting Innovation Into The Rule Of Reason: A Comment On Evans And Hylton, Richard J. Gilbert Jan 2008

Injecting Innovation Into The Rule Of Reason: A Comment On Evans And Hylton, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Innovation Markets After Genzyme/Novazyme, Richard J. Gilbert Dec 2007

Innovation Markets After Genzyme/Novazyme, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Holding Innovation To An Antitrust Standard, Richard J. Gilbert May 2007

Holding Innovation To An Antitrust Standard, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Product Improvement And Technological Tying In A Winner-Take-All Market, Richard J. Gilbert, Michael H. Riordan Mar 2007

Product Improvement And Technological Tying In A Winner-Take-All Market, Richard J. Gilbert, Michael H. Riordan

Richard J Gilbert

No abstract provided.


Market Power, Vertical Integration, And The Wholesale Price Of Gasoline, Richard J. Gilbert, Justine S. Hastings Nov 2006

Market Power, Vertical Integration, And The Wholesale Price Of Gasoline, Richard J. Gilbert, Justine S. Hastings

Richard J Gilbert

This paper empirically examines the relationship between vertical integration and wholesale gasoline prices. We use discrete and differential changes in the extent of vertical integration generated by mergers in West Coast gasoline refining and retailing markets to test for incentives to raise rivals’ costs. Research design allows us to test for a relationship between vertical integration and wholesale prices, controlling for horizontal market structure, cost shocks and trends. We find evidence consistent with the strategic incentive to raise competitors’ input costs and conclude that vertical integration can have a significant impact on wholesale prices.


Dollars For Genes: Revenue Generation By The California Institute For Regenerative Medicine, Richard J. Gilbert Nov 2006

Dollars For Genes: Revenue Generation By The California Institute For Regenerative Medicine, Richard J. Gilbert

Richard J Gilbert

Proponents of the $3 billion ballot initiative that created the California Institute for Regenerative Medicine (CIRM) forecast that CIRM-funded research would earn royalty income in the range of $537 million to $1.1 billion. Using data on past licensing revenues as well as expected discoveries, this paper estimates that CIRM licensing income will be only a few percent of expenditures and California’s share of this licensing income will be less than one percent of R&D expenditures in current dollars. The allocation of these relatively small revenues is of secondary importance to the greater objective of disseminating CIRM-funded stem cell technology quickly …


Competition And Innovation, Richard J. Gilbert Oct 2006

Competition And Innovation, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Competition Policy For Intellectual Property; Balancing Competition And Reward, Richard J. Gilbert Oct 2006

Competition Policy For Intellectual Property; Balancing Competition And Reward, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Should Good Patents Come In Small Packages? A Welfare Analysis Of Intellectual Property Bundling, Richard J. Gilbert, Michael L. Katz Sep 2006

Should Good Patents Come In Small Packages? A Welfare Analysis Of Intellectual Property Bundling, Richard J. Gilbert, Michael L. Katz

Richard J Gilbert

Intellectual property owners often hold the rights to several patents, each of which is essential to make or use a product. We compare the welfare properties of package licenses, under which a licensee pays the same fee regardless of the number of technologies licensed, with component licenses, under which each technology is licensed separately and there is no quantity discount. A central finding is that a long-term package license can induce incentives to invent around patents and invest in complementary assets that are closer to their socially optimal levels than are those induced by a long-term component license. We also …


Competition And Innovation, Richard J. Gilbert Dec 2005

Competition And Innovation, Richard J. Gilbert

Richard J Gilbert

No abstract provided.


Antitrust For Patent Pools: A Century Of Policy Evolution, Richard J. Gilbert Apr 2004

Antitrust For Patent Pools: A Century Of Policy Evolution, Richard J. Gilbert

Richard J Gilbert

This paper reviews the antitrust treatment of patent-pooling and cross-licensing arrangements from E. Bement & Sons v. National Harrow Co., decided in 1902, to the recent Department of Justice business review letters on the MPEG and DVD patent pools. I examine the factors that the courts identified as pertinent to the antitrust outcome and compare them to the competitive factors identified in the DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property. Until recently, the competitive relationship of the patents was not a major determinant of the antitrust outcome in most cases. Instead, the courts have focused on restrictive licensing …