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Competition and Competitive Uses of Intellectual Property, John H. Barton. | ||
Professor Barton synthesizes the main uses of intellectual property rights as laid out in the Workshop discussions for six different industries: commercial aircraft manufacture, chemicals, biotechnology, photography, semiconductors, and computers. Rather than emphasizing the traditional view that IP rights provide incentives for creativity and other socially desirable activities, he brings to light other patterns of use which emerge from the discussions. |
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Licensing in the chemical industry, Ashish Arora and Andrea Fosfuri. |
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This paper highlights the role of the market for technology in the chemical industry. It illustrates the evolution of the use of patents over the last decade with historical examples and detailed data on chemical investments. The authors emphasize the new role of patents in the licensing of technologies as a widespread and integral part of the strategies of today's chemical producers. |
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The Impact of Contemporary Patent Law on Plant Biotechnology Research, John H. Barton. |
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The author traces the recent intellectual property developments in plant biotechnology and examines several current litigation examples. The paper poses the hard issues of how broad claims should be, and how patents should be assigned in the research sequence from abstract to specific, inherent in biotechnology. Some implications for the structure of the industry are suggested, and responses to the trend toward oligopoly are evaluated. |
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Patent Litigation And Its Relationship to Industry Structure And Competition In the Photographic Film and Camera Industry, John H. Barton and Sony Parapatt. |
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The authors begin with a general background of the industry and then illustrate the key relationships between intellectual property and industry structure through three major events during the last two decades: the landmark litigation between Polaroid and Kodak, another major patent suit between Honeywell and Minolta, and the cooperative venture by Kodak, Fuji, Minolta, Canon, and Nikon which led to the development of the Advanced Photo System. |
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New Modes of Competition: Implications for the Future Structure of the Computer Industry, Timothy Bresnahan. |
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The author analyzes the factors which elucidate the relationship between competition and the industry structure, from his perspective as an industry economist. Using his framework of analysis, Bresnahan examines the important antitrust policy issues and uses the example of Microsoft's monopolization. |
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Patents And Their Influence On Competition And Innovation In the Commercial Airplane Industry, Robert Sproule. |
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The author addresses the relatively small impact of patents as a competitive weapon in the commercial large airplane industry. He elaborates on the reasons for such impact by reviewing the history of the airplane industry, the industry's competitors and customers, and its culture. Sproule also discusses the potential role of patents in the industry, as well as how it is viewed by the US Department of Justice and the FTC. |
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Rapporteur's Report, Weston Headley. |
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This report provides an overview of the Workshop's setting and goals. It summarizes the discussions and some of their possible economic and policy implications. You will also find brief summaries of the stand-alone presentations (for the Semiconductor and Computer industries) in addition to the presentations accompanied by papers. The author elucidates the context of recent business trends, legal developments, economic research, and policy debates. |
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CONTRIBUTORS: | ||
| In the Spring of 1998 at Stanford Law School, a multidisciplinary panel of scholars took part in this symposium on Antitrust and Intellectual Property. The panel consisted of leading experts in the context of the airplane industry, the chemical industry, plant biotechnology research, the photographic film and camera industry, and the computer industry, including: | |||
| John R. Allison,
Professor of Business Administration, University of Texas Graduate School of Business
Ashish Arora, Associate Professor of Economics and Public Policy, Heinz School, Carnegie Mellon University John Barton, Professor of Law, Stanford University; Head of the International Center for Law and Technology, Stanford Law School; Member of the IUCN Commission on Environmental Law William Baxter, Professor of Law, Stanford University; Of Counsel, Shearman & Sterling Lee Bendekgey, Vice President, Legal Affairs, Incyte Pharmaceuticals, Inc. Timothy Bresnahan, Professor of Economics and Business, Stanford University; Co-Director, Stanford Computer Industry Project; Co-Director, Technology and Economic Growth Program in CEPR Wesley Cohen, Professor of Economics and Social Science, Department of Social and Decision Science; Faculty appointments, Department of Engineering and Public Policy, Heinz School of Policy and Management, Carnegie Mellon University Brian Cunningham, Partner, Cooley Godward; Adjunct Professor of Biotechnology Law, Santa Clara Law School; Board of Directors, Bay Area Bioscience Center Anthony Diepenbrock III, Intellectual Property Manager, Rambus Inc. Nancy Gallini, Professor of Economics, Chair of the Department of Economics, University of Toronto Richard Gilber, Professor of Economics and Business Administration, University of California at Berkeley; Principal, Law and Economics Consulting Group Carey Heckman, Consulting Professor of Law, Stanford University; Co-Director, Stanford Law and Technology Policy Center; Cyberspace Law Institute Mark Lemley, Assistant Professor of Law, University of Texas at Austin; Of Counsel, Fish & Richardson |
Josh Lerner, Associate Professor, Harvard Business School; Faculty Chair, Focused Financial Management Series Paul Lippe, Senior Vice President, Business and Market Development, Secretary of Synopsys, Inc.; Member, Board of the Electronic Design Automation industry trade association R.L. Smith McKeithen, Vice President, General Counsel, Cadence Design Systems, Inc. David C. Mowery, Professor of Business, Haas School of Business, University of California at Berkeley; Director, Haas School's Ph.D. program Roger G. Noll, Professor of Public Policy, Department of Economics, Stanford University; Nonresident Senior Fellow, Brookings Institution; Director of the Public Policy Program, Co-Director of the Program in International Policy Studies, Director of the Program in Regulatory Policy in the Center for Economic Policy Research, Professor by courtesy in the Graduate School of Business and the Department of Political Science, Stanford University Sony J. Parapatt, Candidate for J.D., Stanford Law School; Stanford Journal of International Law Cecil Quillen, Senior Advisor, Putnam, Hayes and Bartlett, Inc. Michael D. Rostoker, President and C.E.O. of Microelectronics Research, Inc. F.M. Scherer, Professor of Public Policy and Corporate Management, John F. Kennedy School of Government, Harvard University Norman R. Smith, President and C.E.O., Catalytica Advanced Technologies Robert Sproule, Intellectual Property Attorney, The Boeing Co. Walter G. Vincenti, Professor Emeritus, Department of Aeronautics and Astronautics, Stanford University; Founder, Stanford's Program in Science, Technology, and Society; Member, National Academy of Engineering |
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