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    • All HBS Web  (183)
      • Faculty Publications  (48)

      Intellectual Property (IP) Enforcement Remove Intellectual Property (IP) Enforcement →

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      • October 2022
      • Case

      Afrigen Biologics: Vaccines for the Global South

      By: Debora L. Spar and Julia Comeau
      The majority of vaccines used on the continent of Africa (99%) are produced offshore. This makes African nations reliant on the West for major health care needs, a problem which was exacerbated by the COVID-19 pandemic. Afrigen Biologics (in partnership with the WHO)...  View Details
      Keywords: Vaccination; Vaccine; South Africa; mRNA; COVID; COVID-19; Inequity; Hub-and-spoke; Health Care and Treatment; Health Pandemics; Production; Social Issues; Business and Government Relations; South Africa; Africa
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      Spar, Debora L., and Julia Comeau. "Afrigen Biologics: Vaccines for the Global South." Harvard Business School Case 323-030, October 2022.
      • 2022
      • Working Paper

      The Ties That No Longer Bind: Inventor Mobility and Patent Litigation

      By: Daniel Jay Brown and Maria Roche
      The retention of inventor-employees represents a core strategic concern for firms in innovative industries. In this paper, we examine the impact of reduced patent enforceability on the mobility of inventor-employees and explore the related influence on firms’...  View Details
      Keywords: Mobility; Inventors; Patent Enforceability; Skills; Strategic Human Capital; Retention; Innovation and Invention; Intellectual Property
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      Brown, Daniel Jay, and Maria Roche. "The Ties That No Longer Bind: Inventor Mobility and Patent Litigation." Harvard Business School Working Paper, No. 23-021, October 2022.
      • August 3, 2022
      • Article

      Why NFT Creators Are Going cc0

      By: and Scott Duke Kominers Flashrekt
      Strategies for building brands, communities, and content through intellectual property (IP) vary greatly across NFT projects. Some maintain more or less standard IP protections; others give just NFT owners rights to innovate upon the associated intellectual property;...  View Details
      Keywords: Non-fungible Tokens; NFTs; Video Games; Merchandising; Creative Commons; Intellectual Property
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      Flashrekt, and Scott Duke Kominers. "Why NFT Creators Are Going cc0." a16zcrypto.com (August 3, 2022).
      • February 2022 (Revised September 2022)
      • Case

      InstaDeep: AI Innovation Born in Africa (A)

      By: Shikhar Ghosh and Esel Çekin
      Karim Beguir and Zohra Slim were the co-founders of InstaDeep, a deep tech startup focusing on artificial intelligence (AI) solutions. Instadeep was one of the few companies globally that were partnering with DeepMind, an AI subsidiary of Google [Alphabet Inc.]....  View Details
      Keywords: AI; Artificial Intelligence; Entrepreneurship; Operations; Business Subsidiaries; Brands and Branding; Innovation and Invention; Growth and Development Strategy; AI and Machine Learning; Technology Industry; Africa
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      Ghosh, Shikhar, and Esel Çekin. "InstaDeep: AI Innovation Born in Africa (A)." Harvard Business School Case 822-104, February 2022. (Revised September 2022.)
      • February 2022 (Revised July 2022)
      • Supplement

      InstaDeep: AI Innovation Born in Africa (B)

      By: Shikhar Ghosh and Esel Çekin
      Karim Beguir and Zohra Slim were the co-founders of InstaDeep, a deep tech startup focusing on artificial intelligence (AI) solutions. Instadeep was one of the few companies globally that were partnering with DeepMind, an AI subsidiary of Google [Alphabet Inc.]....  View Details
      Keywords: AI; Artificial Intelligence; Entrepreneurship; Operations; Business Subsidiaries; Brands and Branding; Innovation and Invention; Growth and Development Strategy; AI and Machine Learning; Technology Industry; Africa
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      Ghosh, Shikhar, and Esel Çekin. "InstaDeep: AI Innovation Born in Africa (B)." Harvard Business School Supplement 822-105, February 2022. (Revised July 2022.)
      • 2022
      • Working Paper

      Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era

      By: Laura Alfaro, Cathy Bao, Maggie X. Chen, Junjie Hong and Claudia Steinwender
      We investigate how firms and markets adapt to trademark protection, an extensively used but under-examined form of IP protection to address asymmetric information, by exploring a historical precedent: China’s trademark law of 1923. Exploiting unique, newly...  View Details
      Keywords: Trademark; Firm Dynamics; Intermediaries; Intellectual Property Institutions; Trademarks; Intellectual Property; Laws and Statutes; Outcome or Result; Organizational Change and Adaptation; China
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      Alfaro, Laura, Cathy Bao, Maggie X. Chen, Junjie Hong, and Claudia Steinwender. "Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era." Harvard Business School Working Paper, No. 22-030, November 2021. (Revised November 2022.)
      • February 2021
      • Module Note

      Intellectual Property Strategy

      By: Andy Wu and Aticus Peterson
      Managing intellectual property (IP) in information technology—digital technologies like software or computing hardware—requires a distinct strategic approach. This note summarizes the high-level strategic considerations for managers of information technology businesses...  View Details
      Keywords: Intellectual Property; Information Technology; Management; Strategy
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      Wu, Andy, and Aticus Peterson. "Intellectual Property Strategy." Harvard Business School Module Note 721-436, February 2021.
      • February 2020
      • Case

      Intellectual Ventures Update 2020

      By: David B. Yoffie and Daniel Fisher
      After raising $6 billion and buying 60,000 patents, Intellectual Venture (IV) was confronted with a changing legal environment. After a number of important legal decisions, including the Supreme Court's so-called "Alice" decision, IV had to shift strategy. IV sold off...  View Details
      Keywords: Intellectual Property; Strategy; Innovation and Invention; Information Technology; Business Model; United States
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      Yoffie, David B., and Daniel Fisher. "Intellectual Ventures Update 2020." Harvard Business School Case 720-438, February 2020.
      • June 2018 (Revised August 2019)
      • Case

      Qualcomm Inc., 2019

      By: David B. Yoffie and Andrew S. Choi
      This case is set in mid-2019, when Qualcomm was struggling with unwanted take-over battles, fights with Apple and the Chinese government, and internal dissension on the board of directors. Ten years earlier Qualcomm was hailed as a monopoly on CDMA technologies and...  View Details
      Keywords: Technology Cycles; Strategy; Competitive Advantage; Intellectual Property; Information Technology; Standards; Business Model; Organizational Change and Adaptation; Telecommunications Industry; Semiconductor Industry
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      Yoffie, David B., and Andrew S. Choi. "Qualcomm Inc., 2019." Harvard Business School Case 718-514, June 2018. (Revised August 2019.)
      • February 2018
      • Background Note

      Patent Trolling

      By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
      The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea...  View Details
      Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States
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      Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
      • Article

      Capturing Value from Intellectual Property (IP) in a Global Environment

      By: Juan Alcácer, Karin Beukel and Bruno Cassiman
      Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper,...  View Details
      Keywords: Appropriation Strategy; Counterfeit; Intellectual Property Rights; Litigation; Value Capturing; Intellectual Property; Rights; Value; Lawsuits and Litigation; Global Range; Situation or Environment
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      Alcácer, Juan, Karin Beukel, and Bruno Cassiman. "Capturing Value from Intellectual Property (IP) in a Global Environment." Special Issue on Geography, Location, and Strategy. Advances in Strategic Management 36 (2017): 163–228.
      • Summer 2017
      • Article

      Copyright Enforcement: Evidence from Two Field Experiments

      By: Hong Luo and Julie Holland Mortimer
      Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive dataset of copyright infringement incidences by firms. The data cover two field experiments...  View Details
      Keywords: Copyright; Law Enforcement; Lawsuits and Litigation; Cost
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      Luo, Hong, and Julie Holland Mortimer. "Copyright Enforcement: Evidence from Two Field Experiments." Journal of Economics & Management Strategy 26, no. 2 (Summer 2017): 499–528.
      • November 2016
      • Supplement

      Alnylam Pharmaceuticals: Building Value from the IP Estate (B)

      By: Vicki Sato, Willy Shih and Matt Higgins
      The leader of a pioneering biotech company in the siRNA space weighs his options for scaling production capacity in advance of an anticipated commercial launch. Operational complexity and relative merits of in-house manufacturing versus a contractor model are...  View Details
      Keywords: Pharmaceutical Companies; Pharmaceutical Industry; Biotech; Biotechnology; Operational Complexity; Strategy; Manufacturing; Production; Strategic Planning; Intellectual Property; Biotechnology Industry; United States
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      Sato, Vicki, Willy Shih, and Matt Higgins. "Alnylam Pharmaceuticals: Building Value from the IP Estate (B)." Harvard Business School Supplement 617-022, November 2016.
      • November–December 2016
      • Article

      The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry

      By: Yongwook Paik and Feng Zhu
      Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...  View Details
      Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
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      Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
      • October 2016 (Revised September 2017)
      • Case

      The CRISPR-Cas9 Quarrel

      By: Richard G. Hamermesh and Matthew G. Preble
      In mid-2016, the Broad Institute and the University of California, Berkeley were in the middle of a contentious patent dispute over which entity controlled a breakthrough gene editing technology called CRISPR-Cas9. With CRISPR-Cas9, scientists might soon be able to...  View Details
      Keywords: CRISPR; Broad Institute; University Of California Berkeley; Intellectual Property; Patents; Law; Lawsuits and Litigation; Science; Genetics; Entrepreneurship; Biotechnology Industry; United States
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      Hamermesh, Richard G., and Matthew G. Preble. "The CRISPR-Cas9 Quarrel." Harvard Business School Case 817-020, October 2016. (Revised September 2017.)
      • 2016
      • Working Paper

      Patent Disclosures and Standard-Setting

      By: Josh Lerner, Haris Tabakovic and Jean Tirole
      A key role of standard setting organizations (SSOs) is to aggregate information on relevant intellectual property (IP) claims before deciding on a standard. This article explores the firms’ strategies in response to IP disclosure requirements—in particular, the choice...  View Details
      Keywords: Patents; Corporate Disclosure; Standards
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      Lerner, Josh, Haris Tabakovic, and Jean Tirole. "Patent Disclosures and Standard-Setting." Harvard Business School Working Paper, No. 17-030, October 2016.
      • Article

      Copyright Infringement in the Market for Digital Images

      By: Hong Luo and Julie Holland Mortimer
      Digital technologies for sharing creative goods create new opportunities for copyright infringement and challenge established enforcement methods. We establish several important facts about the nature of copyright infringement and efforts to settle past infringing use...  View Details
      Keywords: Information Technology; Creativity; Copyright
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      Luo, Hong, and Julie Holland Mortimer. "Copyright Infringement in the Market for Digital Images." American Economic Review: Papers and Proceedings 106, no. 5 (May 2016): 140–145.
      • Article

      The Growing Problem of Patent Trolling

      By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
      The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase...  View Details
      Keywords: Patent Aggregators; Patent Litigation; Patent Pools; Patent Trolls; Patents; Lawsuits and Litigation; United States
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      Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
      • 2016
      • Working Paper

      The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market

      By: Feng Zhu
      Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...  View Details
      Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
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      Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
      • November 2015
      • Article

      Modularity and Intellectual Property Protection

      By: Carliss Y. Baldwin and Joachim Henkel
      Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property (IP) rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect IP. We investigate the impact...  View Details
      Keywords: Modularity; Value Appropriation; Relational Contracts; Clans; Intellectual Property
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      Baldwin, Carliss Y., and Joachim Henkel. "Modularity and Intellectual Property Protection." Strategic Management Journal 36, no. 11 (November 2015): 1637–1655.
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