Licensing vs. Litigation: The Effect of the Legal System on Incentives to Innovate

B-Tier
Journal: Journal of Economics & Management Strategy
Year: 1999
Volume: 8
Issue: 1
Pages: 133-160

Authors (2)

Reiko Aoki (Hitotsubashi University) Jin‐Li Hu (not in RePEc)

Score contribution per author:

1.005 = (α=2.01 / 2 authors) × 1.0x B-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

With uncertain scope of patent protection and imperfect enforcement, the effective strength of patent protection is determined by the legal system. We analyze how the legal system affects the incentives of firms to innovate, taking into account possibilities of strategic licensing and litigation to deter imitation. The legal system that guarantees the patentee's monopoly power maximizes the R&D intensities. However, the legal system that induces licensing provides incentives to exert R&D effort while preserving ex post efficiency. We also compare R&D, patent licensing, and litigation behavior under American and English rules of legal cost allocation.

Technical Details

RePEc Handle
repec:bla:jemstr:v:8:y:1999:i:1:p:133-160
Journal Field
Industrial Organization
Author Count
2
Added to Database
2026-01-24