Author's School

Olin Business School

Date of Award

5-9-2024

Degree Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Chair and Committee

Nicholas Argyres

Committee Members

Minyuan Zhao

Abstract

Different forms of institutions have been devised by human beings throughout history, either as informal constraints or formal rules. Although emerging in various forms, institutions play a pivotal role in structuring interactions in our societies. These institutional assets significantly affect firms’ environment and have a substantial impact on the economic growth of different regions and countries. This dissertation is about one of the important institutions, intellectual property (IP). IP has been designed to address the fundamental challenges in protecting innovative ideas and knowledge. That is, Arrow’s information paradox ─ for an idea to be evaluated, one has to disclose the idea, but once the idea is disclosed, it becomes less valuable. By providing temporary exclusive property rights for innovation outcomes at the cost of revealing them, IP secures inventors’ incentives to engage in innovation activities. However, there are two key requirements for an IP system to operate effectively. First, government institutions that enforce IP rights should be equipped with specialized technological knowledge so that they can accurately interpret disputed issues. Second, IP institutions should be harmonized with each other so that the same innovative ideas can be evaluated in the same way wherever a firm operates. In reality, several challenges make it difficult for IP systems to meet these requirements, and this dissertation investigates these challenges. In the first chapter, I focus on the fact that judges and courts are law experts who are not necessarily trained in science and technology. Accordingly, I study the consequences of IP institutions not being specialized in technology and how innovating firms deal with this challenge. In the second chapter, I dive into the fact that each country develops its own IP law, which can result in an unharmonized global IP landscape. I investigate the challenges associated with this rugged global IP landscape and how multinational firms navigate their IP strategies across borders. In the last chapter, I focus on one distinct factor that makes each country’s IP system treat disputed technological issues differently: home bias to favor domestic inventors. I explore the consequences of this systematic bias of IP institutions in treating innovators based on their nationalities. In sum, firms and institutions do not operate in isolation; rather, they constantly work with each other and influence each other. Their interactions determine both the competitive advantages of firms and the economic growth of countries. IP institution and litigation activities are insightful lenses through which we can observe the interactions and their substantial social impacts. I expect this study to enrich our understanding of firms and institutions, help firms realize their full potential amidst various institutional environments, and provide comprehensive perspectives for policymakers to design better IP systems. I also expect this dissertation to connect the dots in IP strategy, law and economics, and international business literature and provide a more integrated view of IP institutions and IP strategy.

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Business Economics

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