Infringement of intellectual property in innovation partnerships

Torben Schubert

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Intellectual Property and Patents Intellectual Property Law Innovation and Knowledge Management

Abstract

Using data from the German Community Innovation Survey (CIS) from 2008, we analyze whether innovation partnering increases the risk of experiencing infringement of intellectual property (IP). The results show that depending on types of IP innovation, partnerships increase the risk of infringement by up to 37% compared with the average risk in the sample. The results suggest that this massive increase can be reduced by IP rights and contracts to govern the partnerships. Yet, we show that formal protection mechanisms do not eliminate the sources of opportunistic infringement, because that infringement in innovation partnerships more commonly relates to the infringement of formally unprotected IP, such as tacit knowledge and know‐how.

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References

1997Social Structure and Competition in Interfirm Networks: The Paradox of Embeddedness 1986Profiting from technological innovation: Implications for integration, collaboration, licensing and public policy 1993Profiting from technological innovation: Implications for integration, collaboration, licensing and public policy 2005Open for innovation: the role of openness in explaining innovation performance among U.K. manufacturing firms 1995DOES FAMILIARITY BREED TRUST? THE IMPLICATIONS OF REPEATED TIES FOR CONTRACTUAL CHOICE IN ALLIANCES.1991Competition for competence and interpartner learning within international strategic alliances 2002Do formal contracts and relational governance function as substitutes or complements?1988Joint ventures: Theoretical and empirical perspectives

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2016How open is too open? The mitigating role of appropriation mechanisms in R&D cooperation settings 2017Once bitten, less shy? The influence of prior misappropriation experience on R&D collaboration

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