竞争性供应链中制造商对供应商技术侵权的战略决策

Manufacturer’s strategic decision on supplier’s technology infringement in co-opetitive supply chain

IISE Transactions · 2024
被引 1
ABS 3

中文导读

研究了在供应商既是生产伙伴又是市场竞争对手的竞合供应链中,制造商面对供应商潜在技术侵权时的四种应对策略(不回应、专利诉讼、交叉许可、纯许可),并分析了不同诉讼胜率下的均衡选择。

Abstract

We examine a manufacturer’s strategic decision to its supplier’s potential technology infringement behavior within a co-opetitive supply chain, where the supplier serves as both the manufacturer’s production partner and market competitor. Our study investigates four potential reactions for the manufacturer when faced with the supplier’s possible infringement: no response, initiating patent litigation, entering a cross-licensing contract, or establishing a pure licensing agreement with the supplier. The supplier possesses the choice to decide whether to infringe on the manufacturer’s technology. By comparing equilibria among these models, we find that when the lawsuit winning rate is high, a lawsuit can demonstrate effectiveness, and a pure licensing contract can further fortify the positions of both parties. Surprisingly, a cross-licensing contract does not yield a similar effect and is absent from the equilibrium strategy in this scenario. Conversely, in cases where the lawsuit winning rate is low, litigation may not reach equilibrium. Instead, both parties could opt for either a pure licensing contract or a cross-licensing contract. Interestingly, while both types of licensing agreements significantly enhance outcomes for both parties in most instances, the no response model can still represent the equilibrium strategy under specific circumstances.

供应链管理技术侵权专利诉讼许可协议竞合关系