• Journal of Korea Technology Innovation Society
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• v.15 no.3
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• pp.700-721
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• 2012

This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

• Journal of Korea Technology Innovation Society
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• v.16 no.4
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• pp.1090-1108
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• 2013

Recently national technology commercialization policy using the outcomes of public R&D has been promoting the activities of technology transfer and licensing. Firms also are considering licensing strategies to make great strides and strengthen their future competitiveness. In the licensing deals, objective and reasonable royalty determination is required to be accepted for both negotiation parties. This study analyzed the appropriate royalty range for various types of business and established three royalty influential factors with ten valuation items to explain royalty difference. This study suggested new method to estimate rationally reasonable running royalty rate, combining the appropriate royalty range from classic 25% rule and the result evaluated from royalty influential factors. The adequacy of royalty range from classic 25% rule is confirmed because its range is similar to that of royalty of transfer cases. The final estimate of running royalty can be made from linear function for royalty determination using the results of royalty range and royalty influential factors. This method suggested here is expected to practically useful to determine an appropriate running royalty rate for licensing negotiation.

• Knowledge Management Research
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• v.11 no.1
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• pp.37-50
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• 2010

Bioharmaceutical technologies have consistently been areas in which large licensing agreements have been negotiated. However, there are very limited informations in the open literature on how its running royalty rates are determined and no specific methods are yet provided. The purpose of this study is to suggest an appropriate method for the estimation of running royalty of bioharmaceutical technology in licensing agreements. Here distribution of risk-adjusted operating margins are obtained by simulation using statistics of success rates in the stage of clinical trials and profit margins. Three factors based on technology, business and license legal terms are considered and combined as licensing competitiveness level. Finally, reasonable running royalty is estimated by combining simulated distribution and licensing competitiveness level. This suggested method is expected to practically useful for licensor to establish an appropriate running royalty rate for licensing.

• KDI Journal of Economic Policy
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• v.44 no.1
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• pp.49-75
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• 2022

This paper analyzes how franchise contract conditions are influenced by business structures as well as how contract conditions affect producer surplus by utilizing Korean franchise Information Disclosure Documents for the years 2014-2016. We find that franchise fees tend to increase in line with increases in the numbers of direct stores or the business period. Accordingly, it would be reasonable to check whether the franchise fee is excessive compared to the amount of reputation capital rather than to criticize the absolute level of the franchise fee. Regarding royalty contracts, the larger the discount in the raw materials purchase is, the higher the initial royalty is. Although this appears to be a royalty discount, it can be a means of inducing a raw materials purchase contract by initially setting a high royalty rate and then lowering it after the purchase contract is signed. Concerning the effect on producer surplus, the results show that an increase in franchise fees and royalties negatively affects the franchisee's operating profits but positively affects those of the franchisor's, leading to conflicts over the distribution of economic value added. Based on the findings here, we propose various policy recommendations, specifically reinforcing the contents in the Information Disclosure Document, further activating fixed-rate royalties, and strengthening the qualifications of franchisors when recruiting franchisees.

• Proceedings of the Technology Innovation Conference
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• 2002.06a
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• pp.203-223
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• 2002

In Korea, Public Research Institutes(PRIs) are today faced with the challenges of creating values by transferring technologies in store within themselves to private commercial sector. Recently, It has been increasingly pointed out that PRIs have the poor capability to valuate prospective technologies of their own, and don't run the reasonable technology transfer mechanism in terms of establishing royalty rate and initial payment, designing remuneration to inventor, screening qualified licensee, and controlling the moral hazard. This paper develops an enhanced mathematical model of technology transfer from a PRI to a private industrial firm with including the inventor as an important player. The model is made up of the main part which derives the optimal royalty rate by maximizing the social welfare and sharing risk fairly between players and some sub-parts. The one sub-part is a principal-agent model which makes it possible to control the moral hazard of inventors, and the other part provides the criteria for screening appropriate licensees. Moreover, the moral hazard between inventor and licensee is addressed by introducing the cost reduction function of efforts exerted by them. The model is able to relate the optimal royalty rate to the parameters that represent the environments under which the concerned parties operate. Especially, the ratio of initial payment over the value of transferred technology is calculated from the binding relation with the royalty rate. The paper shows that the model suggested here is more enhanced by comparing with the existing technology transfer mechanism. Finally, the paper allows us to find better strategies for effective technology transfer and further develop more sophisticated technology transfer model.

• Journal of Korea Technology Innovation Society
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• v.10 no.3
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• pp.406-430
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• 2007

Most pharmaceutical licensing deals are made in the early stage of drug development. While this development process is not unique for complicated technology, a special feature of drug development is that it is highly regulated and a well-defined process. Its statistics in terms of costs and chances of technical success have been researched extensively. This enables relatively detailed calculations as benchmarks for actual deals to be made. Based on such calculations and on the analysis of licensing terms in published agreements, various companies offer quite expensive information, databases, software programs and consultation services to help establish what might be reasonable economic terms in a licensing deal. Over the years, pharmaceutical royalties have been the subject of various articles in journals. Most specific on this subject was the article on determining pharmaceutical royalties. Many other articles are about a more general nature deal with determining reasonable royalty rates, evaluating and underpinning the empirical value and usefulness of the 25% rule. The object of this article is to provide a relatively simple analytical approach based on the major economic terms underlying pharmaceutical licensing deals. The aim is to enhance the understanding of the relations between the major factors involved. Details are disregarded, as generally, where the terms of licensing deals depend on predictions over a considerable length of time, the value of detail is limited. Some specific issues addressed by the approach are the impact on profits of large investments, high risks and long development times characteristic of drug development, the consequent strong impact that the ultimate sales levels and operating margins may have on what might be considered a reasonable royalty rate, and the relationship between upfront payments and milestone payments to be paid during pharmaceutical development and the royalties due once the drug enters the market.

• Journal of Technology Innovation
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• v.10 no.2
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• pp.19-44
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• 2002

All over the world, the attention on the exploitation of public research, which is mainly implemented by technology transfer, has increased in recent years. Licensing, which is one of representative mechanisms for public-to-private technology transfer, is accompanied by the frequent conflicts in negotiating a license payment between public research institutes (PRIs) and private firms. In spite of the body of literature on technology transfer in a licensing context, it focuses on contracts between private firms. Even the existing literature, which addresses public-to-private technology transfer through licensing, to our knowledge, has not yet formalized an established licensing model. This paper develops a mathematical model of public-to-private licensing, not hitherto tried by academics. The model addresses important issues to be applied comprehensively in licensing practice, such as determining a royalty rate, balancing between an initial payment and a running royalty, designing an inventor's incentive system, and setting a minimum payment as a screening criterion. The paper also provides reasonable management implications to controversial issues in technology transfer from PRIs to private firms, partly employing the comparative analysis between current stylized licensing practice and the one suggested in the model. We hope that study contributes to providing the foundation on which the theory on public-to-private licensing would extend to an in-depth level.

• Journal of Technology Innovation
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• v.12 no.1
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• pp.219-240
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• 2004

As Shapiro and Varian argue the open approach generates bandwagon effects and facilitates the diffusion of a standard thanks to network externalities. However, the open approach is not linked automatically to economic benefits as suggested by some famous cases as the IBM PC history. On the contrary, the closed approach enables a tight control over a technology and its development, and insures the appropriation of economic benefits. As Shapiro and Varian suggest, a firm can also decide to mix an open approach with tight control over improvement or extentions. Patent pool is to offer fair, reasonable, nondiscriminatory access under a single license to patents that are essential for the use of standards-based or other platform technologies. patent pool offers only one license to everyone, Since each patent is essential, the royalty rate and thus the value is the same whether a licensee uses one or more patents.

• Journal of Digital Convergence
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• v.13 no.1
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• pp.429-438
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• 2015

The copyrights of music in Korea have been placed under the supervision of the associations which the government approved as a trusteeship. Since the industry of music in Korea has been changed from phonographic industry to on-line music service, it is required increasingly that the rights and interests of music should been protected. Korea government has been announced the amendment for levy of music royalties through on-line service according to the changes in the music industry and industries' demand. In this paper, the corporate structures in music industry has been investigated from the point of owner of copyright, recently at the heart of the debate, flat rate system and usage-based pricing in on-line music market has been compared. Consequently, the reasonable prices of music service through on-line market are not earmarked in reality for both consumers and copyright proprietors. Therefore, it is still necessary to improve the institutional.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.341-348
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• 2015

As a result of growth of digital music market in Korea, Creator's rights and interests have been at the heart of the debate in terms of legal system. In the music industry, digital music revenue has now overtaken records sales and compared to download service it is now clear that music streaming and subscription is mainstream model in the rise of the worldwide market of digital music. This trend is also indentical to the domestic and withholding regulations for music service and creator's rights and interests have become an ever growing issue. Ministry of Culture, Sports ad Tourism decided the revision of withholding regulations for the digital music service in 2013. The amendment is to change its policy of charging music service from the flat rate pricing to a usage-based system. This paper brought forward some disputable points such as fair division of profit, reasonable pricing for consumers etc. about the revision. Therefore, improvement of system and change in the perception of such copyrights are still required for both the encouragement of creator's activities and the high consumer satisfaction.