Protecting intellectual property in low trust environments: game theoretic modelling of overproduction in contract manufacturing

Zachary A. Collier, Dale A. Henderson, Jerry M. Kopf · International Journal of Intellectual Property Management · 2024

The deverticalisation of the global semiconductor supply chain has resulted in the common practice of contract manufacturing, in which a design house outsources fabrication to a third-party manufacturer. Despite cost savings associated with this practice, there exist risks associated with the unauthorised intellectual property use represented by the chip design. For example, overproduction occurs when the manufacturer produces additional units beyond the contracted amount and sells them at a discount, undercutting the design house. We conceptualise and model the overproduction problem as a risky 'make or buy' decision for the chip designer using decision analysis and game theory. We find that when the problem is viewed as an iterated game, strategies emerge to incentivise cooperation between the designer and manufacturer. However, we also find that a means to detect whether overproduction has occurred is required.

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