Martin A. Bader
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Prof. Dr.
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Bader
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Martin A.
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martin.bader@unisg.ch
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Item type:Publication, Audit Committee Quarterly(2024); Immaterielle Vermögenswerte (Intellectual Assets) gewinnen für den Erfolg von Unternehmen zunehmend an Bedeutung, insbesondere in dem Maße, in dem Innovation und Wissen zu Wettbewerbsfaktoren werden. Geistiges Eigentum (Intellectual Property, IP) spielt dabei eine Schlüsselrolle: Handlungs-freiheit bei neuen Produkten und Prozessen sowie nachhaltiger Schutz vor Imitatoren geben dem Unternehmen Sicherheit in der Kommerzialisierung. Dennoch klafft in vielen Unternehmen eine Lücke zwischen der übergeordneten Unternehmensstrategie und dem Management von Intellectual Property. Diese Lücke stellt ein bedeutendes Führungsvakuum dar, das Aufsichtsräte und Führungskräfte nicht ignorieren dürfen.Type:journal articleVolume:KPMG Audit Committee Quarterly IV/2024 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The possibilities and limits of trade secrets to protect data shared between firms in agricultural and food sectors(2023)Scopus© Citations 11 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The management of intellectual property in times of rapid institutional change – Editorial(2023); Scopus© Citations 1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis(2023); Nicola SearleThis article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right.Type:journal articleJournal:IIC - International Review of Intellectual Property and Competition LawVolume:54Issue:6Scopus© Citations 15 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, “Forced technology transfer policies”: workings in China
and strategic implications(Elsevier Science, 2018-09); ; This paper evaluates the ability of “forced technology transfer” (FTT) policies – i.e., policies meant to increase foreign-domestic technology transfer that simultaneously weaken appropriability of foreign innovations – to contribute to technology transfer. We focus on transfer of frontier technology in China's newly designated “strategic emerging industries” (SEIs). Drawing on a survey of foreign firms, extensive interviews with foreign firms, and case studies of Chinese firms, we identify three categories of FTT policies in SEIs: “lose the market”, “no choice”, and “violate the law” policies. Our thematic analysis finds that FTT policies likely exert the most leverage over (i.e., force) frontier technology transfer when accompanied by seven conditions: (1) strong state support for industrial growth, (2) oligopoly competition, (3) other policies closely complementing FTT policies, (4) high technological uncertainty, (5) policy mode of operation offering basic appropriability and tailored to industrial structure, (6) reform avoidance by the state, and (7) stringent policy compliance mechanisms. We develop a Strategy & Risk Matrix to forecast the overall leverage of individual FTT policies. We conclude that Chinese FTT policies may enable domestic acquisition of frontier foreign technology if all seven conditions determining policy leverage are fully exploited by the state. However, if this is not the case, the policies have weaker leverage and may even discourage technology transfer.Type:journal articleJournal:Technological forecasting and social changeVolume:134Scopus© Citations 55 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Capturing value from Business Models: The role of formal and informal protection strategies(Inderscience Enterprises Ltd, 2017); ; ; As an overarching concept a business model describes how a firm creates and captures value for itself, its customers, and its partners. Although research has highlighted the importance of value creation and capture of business models, it primarily focused on the value creation mechanisms and neglected aspects of value capturing: Until to date, little is known about how firms attempt to protect their business models from competition, which is a critical component of value capture. Drawing on a sample of 24 cases, we explore how business models relate to IP protection mechanisms for value capture and derive a business model protection framework. Our empirical study reveals that the choice of IP protection is contingent on the applied business model. Whereas some razor and blade business models are characterized by a high degree of both formal and informal protection, firms operating franchising business models put higher emphasis on informal protection strategies. Firms running the pay-per-use business model or the multi-sided platform business model apply formal and informal protection strategies to a medium degree in order to capture value. Our findings extend business model literature on novel insights on intellectual property management and also extend the ‘profiting from innovation literature’ on protection mechanisms in the context of business models.Type:journal articleJournal:International Journal of Technology ManagementVolume:73Issue:4Scopus© Citations 20 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Creating value through external intellectual property commercialization : a desorptive capacity view(Springer Science + Business Media, 2013-12); In open innovation systems, capturing value through external intellectual property (IP) commercialization is an increasingly important strategy for firms to keep pace with competitive changes. However, many firms have major difficulties in creating value through external patent exploitation. To understand these challenges, this paper explores how firms manage their external patent exploitation based on a multiple case study research design with fourteen firms from the pharmaceutical and chemical industry. Adopting a desorptive capacity perspective we find four main factors influencing the firms' management of external patent exploitation: the type of value creation, the organizational structure, the locus of initiative, and the extent of know-how transfer along with the patent. Based on these factors, three archetypes of external patent exploitation with different levels of desorptive capacity are identified. The article extends the concept of desorptive capacity and existing literature on intellectual property management in the context of open innovation. Managerial implications helping firms to implement external IP commercialization structures are discussed.Type:journal articleJournal:The Journal of Technology TransferVolume:38Issue:6Scopus© Citations 49 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Getting the most out of your IP - patent management along its life cycle(Elsevier Science, 2012-03-30); ; Scopus© Citations 25 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The role of IT for managing intellectual property - An empirical analysisThe effective management of intellectual property (IP) is an increasingly complex challenge in today's global knowledge economy, especially for firms with large IP portfolios. Although information technology (IT) tools are a means to support the management of these portfolios, there is little insight in how firms actually make use of IT tools in this regard. Hence, this article analyzes how and for which processes firms use IT tools to support their IP management. Based on a data set of 106 IP intensive firms worldwide, we find that firms use at least one of three major IT tools for IP management: search tools, administrative tools, and evaluation tools. We also find that the use of IT for IP processes is decreasing along the IP value chain: firms use IT mainly in the early IP generation phase, e.g., for absorbing technological developments. The article concludes by outlining where and how IT tools can improve the management of IP.Type:journal articleJournal:World Patent InformationVolume:34Issue:3Scopus© Citations 12 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, R&D Reputation and Corporate Brand Value(Industrial Research Inst., 2009-07-01); Scopus© Citations 11