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    • All HBS Web  (176)
      • Faculty Publications  (43)

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

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      • 2021
      • 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 adapt to trademark protection, an extensively used but underexamined form of IP protection, by exploring a historical precedent: China’s trademark law of 1923—an unanticipated and disapproved response to end foreign privileges in China. By...  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 January 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.
      • June 2015 (Revised January 2017)
      • Case

      Epistar and the Global LED Market

      By: Willy C. Shih, Chen-Fu Chien and Hung-Kai Wang
      It took BJ Lee many years to learn how to navigate the patent minefield that was the global LED industry. When his company was first spun off from the Industrial Technology Research Institute in Taiwan, he thought the essence of a good IP strategy was to develop a...  View Details
      Keywords: Intellectual Property Management; Patenting; Patent Litigation; Intellectual Property; Patents; Electronics Industry; Semiconductor Industry; Asia; United States; Japan; Taiwan
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      Shih, Willy C., Chen-Fu Chien, and Hung-Kai Wang. "Epistar and the Global LED Market." Harvard Business School Case 615-053, June 2015. (Revised January 2017.)
      • 2014
      • Working Paper

      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; Rights; Complexity; Intellectual Property
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      Baldwin, Carliss Y., and Joachim Henkel. "Modularity and Intellectual Property Protection." Harvard Business School Working Paper, No. 14-046, December 2013. (Revised June 2014.)
      • Summer 2013
      • Article

      IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property

      By: Joachim Henkel, Carliss Y. Baldwin and Willy C. Shih
      Firms seeking to take advantage of distributed innovation and outsourcing can bridge the tension between value creation and value capture by modifying the modular structure of their technical systems. Specifically, this article introduces the concept of "IP...  View Details
      Keywords: Modularity; Value Appropriation; Distributed Innovation; Open Innovation; Innovation Strategy; Intellectual Property; Value
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      Henkel, Joachim, Carliss Y. Baldwin, and Willy C. Shih. "IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property." California Management Review 55, no. 4 (Summer 2013): 65–82.
      • Summer 2013
      • Article

      Strategic Management of Intellectual Property: An Integrated Approach

      By: William W. Fisher III and Felix Oberholzer-Gee
      In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,...  View Details
      Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy
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      Fisher III, William W., and Felix Oberholzer-Gee. "Strategic Management of Intellectual Property: An Integrated Approach." California Management Review 55, no. 4 (Summer 2013): 157–183.
      • 2012
      • Working Paper

      IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property

      By: Joachim Henkel, Carliss Y. Baldwin and Willy C. Shih
      In this paper we explain how firms seeking to take advantage of distributed innovation and outsourcing can bridge the tension between value creation and value capture by modifying the modular structure of their technical systems. Specifically, we introduce the concept...  View Details
      Keywords: Modularity; Value Appropriation; Distributed Innovation; Open Innovation; Strategy; Open Source Distribution; Value; Complexity; Intellectual Property
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      Henkel, Joachim, Carliss Y. Baldwin, and Willy C. Shih. "IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property." Harvard Business School Working Paper, No. 13-012, August 2012. (Revised November 2012.)
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