The Role Of Patent Intermediaries In Preventing The Inefficiency Of Anti-public Goods

Drawing inspiration from the largely debated topic of intellectual property rights and their role of trigger of competitive dynamics, this thesis analyzes in depth the consequences on the corporate structure of companies and on the efficient development of markets for technology.This dissertation tries to take on a structured approach to this very complex and articulated topic. The first chapter provides an overall review of the characteristics of markets for technology, defined as the deal of transactions put in place for the use or creation of a technology. Therefore, the introductory part is devoted to a detailed examination of the underlying reasons that justify the existence of markets for technology. In other words, theories and empirical data are introduced and explained as to the importance of licensing and selling technology patents for companies and industries. Interestingly, empirical data provided support for a number of theorized syndromes affecting these markets, demonstrating that companies paradoxically act in such a way that increases short-term returns but slows down the overall development of the industry. This leads to the second part of the thesis, where the so-called tragedy of anticommons is analyzed, i.e. the vicious phenomenon arising from the rights to exclude exercised by patent holders. This section provides more of a legal perspective, as rights and contractual issues are reviewed in depth, with a special focus on real-life cases. The legal rationale generating countless cases across all industries is introduced thoroughly. Special attention is paid to the industry of telecommunication devices. Finally, the third chapter provides a number of solutions to the tragedy of anticommons and to prevent its disastrous consequences. First, solutions appeared in the last decade are reviewed. Then, the focus switches to the role played by patent intermediaries to avoid the inefficiencies of anticommons. Final considerations will provide support to the latter solution.