dc.description.abstracten | Firms protect their innovations by mobilizing mechanisms like patent and secret. Using these
means of protection they aim to obtain value and knowledge (Hannah, 2005). Each means of
protection present particularities according to the countries and legislations. Indeed, there are
different requirements to hold a patent: 1) a patent holder must work on the invention within a
specified time limit; 2) the patent application is kept secret until a patent is granted; 3) the rule
of the “first-to-invent” (in The United States), or “first- to-file” (in most other countries in the
world) can be applied. So we try to understand the impact of the grace period law to choose a
mechanism to protect intellectual property. We focus on previous research on patent law
(Harriel, 1996; Breesé, 2004, 2002; European Commission Research; 2002; IP Australia
Patents Trade Marks Designs Plant Breeder’s Rights, 2005), and recent data on intellectual
property protection by firms, to analyze the impact of the grace period system in the world
(particularly in Europe and America). We identify characteristics and advantages of the grace
period and we identified the limits related to its application. Then we stress how firms can
manage relationships to adapt to the laws restrictions using mechanisms to protect intellectual
property. We show how institutions facilitate and limit firm’s activities to protect their
intellectual property. So to innovate and succeed in the market, firms must consider legal
environment changes and environmental uncertainty relating to intellectual property law. | en |