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Software Piracy and IP Management Practices: Strategic Responses to
Product-Market Imitation

USPTO Economic Working Paper No. 2021-3

48 Pages Posted: 28 Aug 2021

See all articles by Wendy A. Bradley

Wendy A. Bradley

Southern Methodist University (SMU) - Strategy & Entrepreneurship
Department

Julian Kolev

United States Patent and Trademark Office

Date Written: August 2021

Abstract

How do firms' IP strategies respond to sudden increases in
product-market imitation? Using a 2001 technological shock that
enabled rising software piracy, we implement an
instrumental-variables estimator to compare a treatment group of
at-risk-of-piracy firms with matched not-at-risk control firms. We
find that rising piracy increases subsequent R&D spending,
copyrights, trademarks, and patents for large, incumbent software
firms. Furthermore, copyright and trademark filings precede those of
patents, and firms with large patent portfolios disproportionately
increase copyrights and trademarks following the shock. We conclude
that piracy and similar competitive shocks push firms to innovate to
stay ahead of imitator products, and that this effect is moderated by
their existing patent portfolios. Our findings have implications for
managers seeking to capture value from IP in knowledge-based
industries.

Keywords: piracy, software, innovation, intellectual property

JEL Classification: O32, O34, D22, M21, L86

Suggested Citation: Suggested Citation

Bradley, Wendy and Kolev, Julian, Software Piracy and IP Management
Practices: Strategic Responses to Product-Market Imitation (August
2021). USPTO Economic Working Paper No. 2021-3, Available at SSRN:
https://ssrn.com/abstract=3912074 or http://dx.doi.org/10.2139/
ssrn.3912074
 

Wendy Bradley

Southern Methodist University (SMU) - Strategy & Entrepreneurship
Department

Southern Methodist University (SMU) - Strategy & Entrepreneurship
Department ( email )

6212 Bishop Blvd.
Dallas, TX 75205
United States

HOME PAGE: http://https://www.smu.edu/cox/Our-People-and-Community/
Faculty/Wendy-Bradley

Julian Kolev (Contact Author)

United States Patent and Trademark Office

United States Patent and Trademark Office ( email )

Alexandria
VA 22313-1451
United States

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