We analyze the incentives of investment banks to develop innovative product
s. We show that client characteristics and market structure affect these in
centives significantly. Investment banks with larger market shares have gre
ater incentives to innovate and smaller banks are likely to share their inn
ovations with the largest bank. Innovation incentives increase in volatile
environments and regulatory scrutiny actually encourages loophole exploitat
ion activity. Our predictions are consistent with stylized facts and the an
alysis has broad testable implications for innovative activity in other mar
kets similarly characterized by a lack of comprehensive protection for inte
llectual property rights, for example, the software industry.