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  • 2014
  • Working Paper
  • HBS Working Paper Series

Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms

By: Prithwiraj Choudhury and Tarun Khanna
  • Format:Print
  • | Language:English
  • | Pages:56 
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Abstract

Since the 1990s, several Western firms have filed patents based on medicinal herbs from emerging markets, evoking protests from local stakeholders against 'bio-piracy'. We explore conditions under which firms and local stakeholders share rents from such patents. Our theoretical model builds on two distinct strategy literatures: firms appropriating rents from new technologies and firms managing stakeholders. We predict that a win-win outcome emerges when the patent strength is moderate and when local stakeholders form a coalition with larger national stakeholders to initiate litigation against the focal firm. We test our predictions using a two-pronged empirical strategy. Our empirical context relates to herbal patents from emerging markets and given that we have a small sample (N=17), we employ a fuzzy set QCA methodology. In addition, we develop four in-depth qualitative case studies to support our predictions.

Keywords

Rents From New Technology; Local Stakeholders; Herbal Patents; Qca; Fuzzy Set Analysis; Qualitative Case Studies; Plant-based Agribusiness; Patents; Emerging Markets; Health Care And Treatment; Business And Stakeholder Relations; Cross-cultural And Cross-border Issues; Agriculture And Agribusiness Industry; Pharmaceutical Industry

Citation

Choudhury, Prithwiraj, and Tarun Khanna. "Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms." Harvard Business School Working Paper, No. 14-081, February 2014.
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About The Authors

Prithwiraj Choudhury

Technology and Operations Management
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Tarun Khanna

Strategy
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