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Patent Clearinghouse and Technology Diffusion: What is the Contribution of Arbitration Agreements?

Author

Listed:
  • Bacchiega Emanuele

    (Dipartimento di Informatica – Scienza e Ingegneria, Alma Mater Studiorum – Università di Bologna, Bologna, Italy)

  • Bonroy Olivier

    (Université Grenoble Alpes, INRAE, UMR GAEL, Grenoble, France)

  • Hervouet Adrien

    (Université Grenoble Alpes, INRAE, UMR GAEL, Grenoble, France)

Abstract

One of the acknowledged advantages of patent clearinghouses is that they favor the diffusion of technology. In traditional clearinghouses, patents are usually bundled in pools and sold at a pre-set price. Recently, in the biotechnology industry a new form of clearinghouse has been observed, where patent tariffs are instead bargained over by the clearinghouse members. Exchange is then guaranteed by arbitration agreements to which the negotiating parties are bound, should their bargaining reach a dead end. This paper assesses the effect on technology diffusion of this new type of clearinghouse. We show that such arbitration agreements, through their effect on the outside options, may reduce the incentives of a member of the clearinghouse to license to non-members. This result highlights the role of such arbitration agreements in the diffusion of technology outside the clearinghouse.

Suggested Citation

  • Bacchiega Emanuele & Bonroy Olivier & Hervouet Adrien, 2024. "Patent Clearinghouse and Technology Diffusion: What is the Contribution of Arbitration Agreements?," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 24(4), pages 1175-1207.
  • Handle: RePEc:bpj:bejeap:v:24:y:2024:i:4:p:1175-1207:n:1003
    DOI: 10.1515/bejeap-2023-0220
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    Keywords

    biotechnology industry; vertical contract; arbitration agreements; patent clearinghouse;
    All these keywords.

    JEL classification:

    • L14 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Transactional Relationships; Contracts and Reputation
    • Q16 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Agriculture - - - R&D; Agricultural Technology; Biofuels; Agricultural Extension Services

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