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Weak Intellectual Property Rights, Research Spill-Overs and The Incentive to InnovateVincenzo DenicolòUniversity of Bologna Luigi A. FranzoniUniversity of Bologna - Faculty of Economics October 30, 2010 American Review of Law and Economics, Forthcoming Abstract: We investigate the conditions for the desirability of exclusive intellectual property rights for innovators, as opposed to weak rights allowing for some degree of imitation and ex-post competition. The comparison between the two alternatives reduces to a specific "ratio test," which suggests that strong, exclusive IP rights are preferable when competition from potential imitators is weak, the innovation attracts large R&D investments, and research spill-overs are small.
Number of Pages in PDF File: 36 Keywords: innovation, exclusive rights, patents, trade secrets, spill-overs JEL Classification: K1, D4, L4 Accepted Paper SeriesDate posted: April 30, 2011 ; Last revised: October 27, 2011Suggested CitationContact Information
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