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- All HBS Web (1,060)
- Faculty Publications (565)
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- 2024
- Article
Beyond the 510(k): The Regulation of Novel Moderate-Risk Medical Devices, Intellectual Property Considerations, and Innovation Incentives in the FDA’s De Novo Pathway
By: Mateo Aboy, Cristina Crespo and Ariel Stern
Moderate-risk medical devices constitute 99% of those that have been regulated by the U.S. Food and Drug Administration (FDA) since it gained authority to regulate medical technology nearly five decades ago. This article presents an analysis of the interaction between... View Details
Keywords: Governing Rules, Regulations, and Reforms; Health Care and Treatment; Technology Adoption; Technological Innovation; Safety; Medical Devices and Supplies Industry; United States
Aboy, Mateo, Cristina Crespo, and Ariel Stern. "Beyond the 510(k): The Regulation of Novel Moderate-Risk Medical Devices, Intellectual Property Considerations, and Innovation Incentives in the FDA’s De Novo Pathway." Art. 29. npj Digital Medicine 7 (2024).
- 10 Apr 2019
- Working Paper Summaries
Trade Secrets Protection and Antitakeover Provisions
Keywords: by Aiyesha Dey and Joshua White
- 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
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.)
- 04 Oct 2004
- What Do You Think?
Does Speed Trump Intellectual Property?
placing too much emphasis on patent protection? Are government regulations protecting intellectual property applied far too broadly these days? Should they be limited to... View Details
Keywords: by James Heskett
- 2019
- Chapter
A Claim to Own Productive Property
By: Nien-hê Hsieh
BOOK ABSTRACT: The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit, and invest? Is being prohibited to run a business a human rights violation?... View Details
Hsieh, Nien-hê. "A Claim to Own Productive Property." Chap. 10 in Economic Liberties and Human Rights. 1st ed., edited by Jahel Queralt and Bas van der Vossen, 200–218. Political Philosophy for the Real World. New York: Routledge, 2019.
- 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
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.)
- May 2002
- Article
150 Years of Patent Protection
By: Josh Lerner
Keywords: Patents
Lerner, Josh. "150 Years of Patent Protection." American Economic Review: Papers and Proceedings 92, no. 2 (May 2002): 221–225. (American Economic Review Papers and Proceedings, 92 (May 2002) 221-225. Reprinted in John Cantwell, editor, The Economics of Patents. Cheltenham, United Kingdom: Edward Elgar, 2005. Reprinted in Robert P. Merges, editor, Economics of Intellectual Property Law. Cheltenham, United Kingdom: Edward Elgar, 2007. Reprinted in Carlos M. Correa, editor, Intellectual Property and Economic Development. Cheltenham, United Kingdom: Edward Elgar, 2018. Earlier versions distributed as Harvard Business School Working Paper.)
- Research Summary
The new property: computational property, intellectual property, and cyberspace
The objective of this project is to design ownership regimes for property located in cyberspace, such as websites, links for e-travel, applets that run on distant processors, and other related computational species. The driving assumption of the project is that the... View Details
- Research Summary
AIDS in Africa: Life, Death and Property Rights
By: Debora L. Spar
In the final years of the twentieth century, the world was hit by a plague of epidemic proportions--the plague of AIDS, a life-threatening disease that remained stubbornly immune to any cure or vaccine. In the developed nations of the West, AIDS was slowly brought... View Details
- Article
Czech Mate: Expropriation and Investor Protection in a Converging World
By: Mihir A. Desai and Alberto Moel
This paper examines the expropriation of a foreign investor by a local partner and the subsequent resolution of that case through international arbitration in favor of the investor. Despite the investor's 99% interest in joint venture, the local partner managed to... View Details
Keywords: Joint Ventures; Capital Markets; Foreign Direct Investment; Geographic Location; Multinational Firms and Management; Governance Controls; Courts and Trials; Rights; Czech Republic; United States
Desai, Mihir A., and Alberto Moel. "Czech Mate: Expropriation and Investor Protection in a Converging World." Review of Finance 12, no. 1 (2008): 221–251. (This paper is a revised version of ECGI Working Paper No. 62/2004.)
- June 2002 (Revised November 2005)
- Case
Life, Death, and Property Rights: The Pharmaceutical Industry Faces AIDS in Africa
By: Debora L. Spar
In the final years of the 20th century, the world was hit by a plague of epidemic proportions--AIDS, a life-threatening disease that remained stubbornly immune to any cure or vaccine. In the developed nations of the West, AIDS was slowly brought under control through a... View Details
Keywords: Patents; Health Pandemics; Corporate Social Responsibility and Impact; Pharmaceutical Industry; Africa
Spar, Debora L., and Nick Bartlett. "Life, Death, and Property Rights: The Pharmaceutical Industry Faces AIDS in Africa." Harvard Business School Case 702-049, June 2002. (Revised November 2005.)
- 16 Dec 2011
- Research & Ideas
Reintroducing Intellectual Ambition to the Study of Business History
countries—including, for instance, the defense of intellectual property rights in some countries and the neglect of counterfeiting and piracy in others—is opening up new debates and controversies on this... View Details
Keywords: by Geoffrey Jones & Walter Friedman
- 2015
- Working Paper
Lost in the Clouds: The Impact of Changing Property Rights on Investment in Cloud Computing Ventures
By: Josh Lerner and Greg Rafert
Our analysis seeks to understand the impact of changing allocations of property rights on investment in new firms. We focus on the Cartoon Network, et al. v. Cablevision decision in the U.S., which narrowed the protection enjoyed by content creators (e.g., movie... View Details
Keywords: Technological Innovation; Venture Capital; Internet and the Web; Entrepreneurship; Investment; Copyright
Lerner, Josh, and Greg Rafert. "Lost in the Clouds: The Impact of Changing Property Rights on Investment in Cloud Computing Ventures." Harvard Business School Working Paper, No. 15-082, April 2015.
- 2025
- Working Paper
The Limits of Insurance Demand and the Growing Protection Gap
By: Parinitha Sastry, Tess Scharlemann, Ishita Sen and Ana-Maria Tenekedjieva
In a world with rising risk, how much are U.S. households willing to pay for homeowners insurance, and what does their demand imply for the future of insurance markets? We provide the first estimates of household willingness to pay for homeowners insurance and the... View Details
Keywords: Climate Change; Risk and Uncertainty; Insurance; Personal Finance; Consumer Behavior; Mortgages
Sastry, Parinitha, Tess Scharlemann, Ishita Sen, and Ana-Maria Tenekedjieva. "The Limits of Insurance Demand and the Growing Protection Gap." Harvard Business School Working Paper, No. 25-054, February 2025.
- 28 May 2015
- Working Paper Summaries
Lost in the Clouds: The Impact of Changing Property Rights on Investment in Cloud Computing Ventures
- 18 Sep 2012
- Working Paper Summaries
Risky Business: The Impact of Property Rights on Investment and Revenue in the Film Industry
- summer 1991
- Article
Trade Secrets and the Justification of Intellectual Property: A Comment on Hettinger
By: L. S. Paine
Keywords: Intellectual Property
Paine, L. S. "Trade Secrets and the Justification of Intellectual Property: A Comment on Hettinger." Philosophy & Public Affairs 20, no. 3 (summer 1991): 247–263. (Reprinted in Business in Ethical Focus: An Anthology, edited by Fritz Allhoff and Anand J. Vaidya, 564-576. Peterborough, ON: Broadview Press, 2008; Reprinted in Ethics in the Workplace: Selected Readings in Business Ethics, edited by Robert A. Larmer, 268-278. St. Paul, Minn.: West Publishing, 1996; Reprinted in Ethics in the Workplace, edited by Edward J. Ottensmeyer and Gerald McCarthy, 508-519. New York: McGraw-Hill, 1996; Reprinted in Intellectual Property: Moral, Legal, and International Dilemmas, edited by Adam D. Moore, 39-56. Lanham, MD: Rowman & Littlefield Publishers, 1997.)
- 1 Oct 2002
- Conference Presentation
Intellectual Property, Architecture, and the Management of Technological Transitions: Evidence from Microsoft Corporation
By: Alan MacCormack and Marco Iansiti
MacCormack, Alan, and Marco Iansiti. "Intellectual Property, Architecture, and the Management of Technological Transitions: Evidence from Microsoft Corporation." Paper presented at the Global Acquisition, Protection, and Leveraging of Technological Competencies, Katz Graduate School of Business, October 01, 2002.
- May 2009
- Article
Intellectual Property, Architecture, and the Management of Technological Transitions: Evidence from Microsoft Corporation
By: Alan David MacCormack and Marco Iansiti
Keywords: Intellectual Property; Information Technology; Transition; Applications and Software; Information Technology Industry
MacCormack, Alan David, and Marco Iansiti. "Intellectual Property, Architecture, and the Management of Technological Transitions: Evidence from Microsoft Corporation." Journal of Product Innovation Management 26, no. 3 (May 2009): 248–263.
- June 1998
- Article
Stronger Protection or Technological Revolution: What is Behind the Recent Surge in Patenting?
By: Josh Lerner and Samuel Kortum
Lerner, Josh, and Samuel Kortum. "Stronger Protection or Technological Revolution: What is Behind the Recent Surge in Patenting?" Carnegie-Rochester Conference Series on Public Policy 49 (June 1998). (Abridged version reprinted as "What is Behind the Recent Surge in Patenting?" in Research Policy 28 (January 1999): 1-22.)