Fragmented property rights and royalty bargaining

We consider production by a firm that relies on the patent rights that are held by other actors. Before production can take place, bargains have to be struck with each patent holder over the royalty per unit produced. In the negotiations, a patent holder must be mindful of the fact that a large royalty will increase the product price and lower demand for the final product. Hence each patent holder would prefer to gain a large royalty at the expense of rivals. When the producer makes the first offer in an alternating offer framework, we analyze whether it should conduct negotiations sequentially with some grouping of patent holders or simultaneously. We demonstrate that the producer will prefer simultaneous negotiation. An individual patent holder would prefer to negotiate early with the producer, and then to see remaining rights holders negotiate simultaneously. A firm that holds several patents would want to negotiate royalties on each one sequentially and then have simultaneous negotiation of payments to other rights holders.     

Endogenous property rights regimes, common-pool resources and trade

A model is developed where opening to trade affects a dynamic common-pool resource stock and welfare through a community's voting decision to institute a property rights regime regulating the stock. The model finds that resource stock levels can decline even when a Markov perfect equilibrium path for labor and property rights regimes are chosen to maximize welfare. Thus, opening to trade can be welfare maximizing even when resource stock declines. Experimental results show that under certain conditions, subjects briefly follow a Markov perfect equilibrium path for property rights regime choice but labor allocations are myopically chosen indicating that some resource dynamics may be considered by subjects.     

Communication in bargaining over decision rights

This paper develops a model of bargaining over decision rights between an uninformed principal and an informed but self-interested agent. We introduce two different bargaining mechanisms: tacit and explicit bargaining. In tacit bargaining, an uninformed principal makes a take-it-or-leave-it price offer to the agent, who then decides whether to accept or reject the offer. In the equilibrium of the game, the principal inefficiently screens out some agent types so that the agent's private information cannot be fully utilized when the decision is made. In explicit bargaining in which parties can communicate explicitly via cheap talk before tacit bargaining, however, an equilibrium with no such inefficient screening exists even when the conflict of interest is arbitrarily large. We also follow a mechanism design approach, showing that under certain conditions, explicit bargaining is an optimal bargaining mechanism that maximizes the joint surplus of the parties.     

One-sided bargaining over a finite set of alternatives

I consider a bargaining game in which only one player can make proposals and the space of proposals is finite. Thus, the game is like a situation where: (i) a CEO suggests a possible hire, who must be okayed by a board of directors, or (ii) the US president nominates a potential judge, who must be okayed by the Senate. My main result is an algorithm that finds the unique subgame-perfect equilibrium. The number of steps in the algorithm is on the order of $n$, the number of possibilities (e.g., applicants to a job) that the bargainers may consider. By contrast, if one uses backwards induction to solve the game, then the number of steps is on the order of $n!$. A corollary of the main result, similar to some results of previous bargaining models, is that the wait costs of only one player, the non-proposer, is relevant to the outcome. The wait costs of the proposer are irrelevant, provided that they are positive. Applied to the nomination process specified by the US Constitution, the corollary suggests that only the Senate's wait costs are relevant to the outcome—the president's wait costs are irrelevant. As I argue, this result may explain a little-noticed regularity of American politics. This is that the Senate seems to have much influence in the selection of lower-court judges but relatively little influence in the selection of Supreme Court justices.     

产权界定、产权流动与产权维护

诺斯认为,有效率的产权具有三大激励功能:即降低费用、保证人们的预期收益和使个人的投资收益充分接近于社会收益,这对经济增长起着十分重要的作用。本文认为,要使产权功能真正发挥作用,需要有合理的产权界定、规范的产权流动和公平的产权维护,三者缺一不可。文章从整体观的角度讨论了落实这三者的重要意义和各自存在的问题,并提出了党政分开和政企分开是解决问题的关键。     

Imitation and innovation driven development under imperfect intellectual property rights

Developing countries employ about two-fifth of the world's researchers, originate one quarter of world expenditures on R&D, and their inventions are subject to imitation. Nevertheless, the previous literature focuses on North–South setups in which the South is restricted to imitating northern inventions. To analyze the effects of IPR policies on developed and developing countries, we extend this literature to allow not only for southern innovation and imitation of northern goods, but also for imitation targeted at southern innovations. We find the effects of IPRs on R&D and welfare to be non-monotonic and dependent on innovation efficiency and an innovation threshold in the South. For sufficiently strong IPRs the South engages in original R&D and stronger IPRs promote southern innovation, welfare, and a reduction in the North–South wage gap. Below the threshold, a strengthening of IPR protection fails to promote innovation and decreases welfare. Stronger IPRs exclusively for southern firms can benefit both regions by shifting southern resources from the imitation of northern goods to original southern innovation.     

The role of the private sector under insecure property rights

It is well known that the so-called voracity effect can be observed in an economy with a weak property rights system. Voracious behavior is regarded as one of the excess uses of the common assets. In this paper, we seek to examine voracious behavior from a different perspective by introducing a new direction of capital flow: from the private sector to the common sector. A government mandates that all competing interest groups invest their private capital in the common sector to mitigate the effects of excess use of the commons. In this situation, we study how this capital flow affects the voracious behavior of the groups and the growth rate of the economy. The main findings are that, while there is no standard voracity effect, an increase in the contribution of the private sector into the common sector causes more voracious behavior and thus reduces economic growth. This suggests that policies designed to preserve the commons can lead to a harmful effect on the economy.     

Inefficiency and common property regimes

Much of the literature on the commons focuses on the fact that many agents are assigned usage rights simultaneously, but less attention has been paid to the exercise of exclusion rights. The simultaneous exercise of one of the two rights by all the owners of a common causes a problem of overexploitation in the first case (competition “in use”) and underuse in the second (competition “in exclusion”). The relevance of both inefficiencies stems from the way they illustrate the general conflict between individual and collective interests. This paper proposes a formal synthesis of the problems of inefficiency associated with the exploitation of resources in common property regimes. The synthesis takes into account the following features: i) the importance of the consumer surplus for the analysis of the issue; ii) the attitude of economic agents in the face of a reciprocal externality linked to the exploitation of the common; and iii) the social and the private costs of exploitation.     

Intellectual property rights as development determinants

Abstract While intellectual property rights (IPRs) are the key drivers of economic performance in R&D based growth models, they have not been fully explored in empirical development studies. We introduce IPRs to this literature, using Two‐Stage Least Squares Bayesian Model Averaging to address endogeneity and model uncertainty at the instrument and income stages. We show that IPRs exert effects similar to ‘Rule of Law’ and therefore provide robust evidence that both physical and intellectual property rights are crucial development determinants. We document that unenforced IPRs exert no effect on development. Instead, it is the level of enforced IPRs that causes development.     

Intellectual property rights and quality improvement

This paper explores why theories about the effects of intellectual property rights (IPR) protection on foreign direct investment (FDI) and innovation have reached mixed conclusions. In our model, Northern firms innovate to improve the quality of existing products and may later shift production to the South through FDI. Southern firms may then imitate the products of multinationals. We find that imitation can increase FDI and innovation for quality improvements, whereas the opposite occurs when innovators develop new varieties. Hence, stronger IPR protection, by reducing imitation, may shift innovation away from improvements in existing products toward development of new products.     

Land use systems and property rights

Two lines of reasoning on very long term socio-economic change, which was a basic issue of classical economic thinking, are confronted: New Institutional Economics (NIE) and Evolutionary Economics (EE). It is demonstrated that EE offers an explanation which is both more consistent and more comprehensive. The case in point is the first economic revolution.     

Moral property rights and harmonious society

To build the harmonious society needs the effect of morality.There are various kinds of moral values.Moral values can be divided into proper ones and improper ones according to whether the social benefit is bigger than the social cost of the moral behavior.The former is helpful to the optimal allocation of resources and improve the formation of the harmonious society; while the latter is harmful to the optimal allocation of resource and bad to the formation of the harmonious society.The proper and scientist moral values include： sustainable development view on ecology,fair,just and win win view on morality,credibility,right view on rich and poor,right view on consumption and so on.To build the proper and scientific moral value,the more important way is building proper moral property rights institution by recognizing properly and constructing moral property rights besides legislation,setting up moral surroundings,valuing moral penetration,strengthening moral education etc. Harmonious society;Moral property rights;Moral value     

Conceptions of property rights and norms

The social norm literature in law and economics fails to account for the differences between the two major conceptions of property rights. The differences between the two conceptions affect people’s utility function by affecting how increases in property rights are perceived. This paper discusses how the modern, in rem, conception evolved from an older, in personam, conception; it also discusses how economics has absorbed the modern, in rem, conception. The paper demonstrates that if people do not perceive the benefits of modern property rights, they will follow their social norms if the government or planner imposes modern property rights on them. In the end, this allows one to make a fuller discussion of why norms economize information. This discussion has various consequences ranging from developmental economics to financial market economics and cannot be ignored.

Knowledge disclosure as intellectual property rights protection

We consider the problem of an inventor who discloses knowledge under the threat of a rival who may patent a competing idea. Disclosure diminishes the probability that the rival has of receiving a patent (legal externality) but it also decreases the rival’s marginal R&D cost (knowledge externality). Our results reveal that: (i) when the knowledge externality is ‘large’ (‘small’) relative to the legal one, an increase (decrease) in the patentability standard leads to higher disclosure and promotes R&D and (ii) if subsequent research creates positive external effects, the patentability standard should be set to promote further disclosure and R&D in equilibrium. The impact on the equilibrium configuration of changes in market profits is also examined.     

Capital and growth with oligarchic property rights

To analyze effects of imperfect property rights on economic growth, we consider economies where some fraction of capital can be owned only by local oligarchs, whose status is subject to political risk. Political risk decreases local capital and wages. Risk-averse oligarchs acquire safe foreign assets for insurance, thus increasing wages in other countries that protect outside investors. We show that for empirically reasonable parameter values, reforms to decrease political risk or to protect more outsiders' investments can decrease local oligarchs' welfare by increasing wages, making such reforms prone to political resistance from the ruling elite. We suggest measures of property rights imperfections derived from empirically observable data, and we test the quantitative predictions of our model using those measures and other parameter values routinely assumed in growth theory.     

Effective property rights, conflict and growth

This paper shows how the interaction between conflict and growth can give rise to a nonmonotone relationship between property rights and social welfare. This interaction is illustrated in a model of endogenous growth in which equilibrium diversion of resources is the cost of securing effective property rights. A symmetric equilibrium allocation associated with more secure property rights and faster growth can be Pareto dominated by one associated with poorer property rights and slower growth. Faster growth can exacerbate the problem of diversion whenever property rights are sufficiently poor. These results call for caution before a society decides to pursue economic growth independently of the institutional structure of property rights. Furthermore, if this structure is inappropriate piecemeal reform might not be in the interest of society, and a substantial reform might be necessary if it is to be welfare-improving.     

A market without the 'right' property rights

While Vietnam's reforms provided some of the weakest legal private property rights amongst the transitions countries, cities like Ho Chi Minh City have booming domestic real estate markets. Interestingly, while most properties in 2001 did not have legal title, those on the market did advertise a variety of property rights claims. Employing a hedonic price model to analyse the pattern of prices at which sellers offer properties in Ho Chi Minh City, this study examines how this market values property rights. The findings show that multiple forms of property rights, enforced by highly decentralized state institutions, are operational in this market. Furthermore, legal title itself is not the most valuable form of property right. These findings suggest that the value of property rights emanates from where it is enforced within the particular institutional context of a market.     

Independence of irrelevant alternatives,and solutions to Nash's bargaining problem

Several variants of the axiom of independence of irrelevant alternatives are considered, in the context of Nash's bargaining problem.     

Economic growth under two forms of intellectual property rights protection: patents and trade secrets

Journal of Economics - This paper analyzes the effects on growth of strengthened patent protections, where trade secrets are introduced as an additional protection method. Strengthening patent...