Commitment and excess capacity with licensing: an old debate with a new look

The theoretical literature demonstrates that excess capacity is not an equilibrium phenomenon if each firm’s marginal revenue decreases with the competitor’s output. We show that such a conclusion can be overturned in the presence of technology licensing. We show that in the presence of technology licensing, a firm may hold excess capacity because it increases the benefit from technology licensing.     

Licensing a quality-enhancing innovation to an upstream firm

This paper examines the case where a patent holder who is not a producer licenses its quality-enhancing innovation to an upstream firm, which sells its product through a downstream monopoly. It is found that the patent holder prefers a two-part tariff contract, which includes both a fixed-fee and per-unit output royalty. However, the royalty included in the licensing contract makes each firm price at a markup over marginal cost and therefore makes both consumers and the society worse off, if the innovation is small and the supplier is weak. From a welfare perspective, licensing by means of an ad valorem tax is more efficient, as it allows the upstream firm to be less aggressive when trading with the downstream firm.     

The welfare effect of bargaining power in the licensing of a cost-reducing technology

This study considers licensing of a cost-reducing technology through bargaining between a technology-holding firm and its rival firm in a Cournot duopoly market. To consider the relative bargaining power of both firms, the asymmetric Nash bargaining solution is applied as our solution. Then, we specify the combinations of lump-sum fee and per-unit royalty that are realized through bargaining, and examine the effect on social welfare of the technology-holding firm’s bargaining power. The principal findings are as follows. Regardless of the technology-holding firm’s bargaining power, pure royalty licensing is carried out, and social welfare is non-increasing in its bargaining power. In our model, licensing through a take-it-or-leave-it offer, which is often assumed in the literature, is regarded as the case in which the technology-holding firm has full bargaining power. Thus, the result on social welfare implies that the take-it-or-leave-it offer licensing mechanism leads to the socially worst outcome.     

International Technology Transfer and Welfare

We investigate the welfare effect of international technology transfer in a quality model. A foreign innovator with a new quality product can license its innovation to the domestic firm(s) via a fixed fee. Findings show that the foreign innovator will license exclusively to the high‐quality firm under Bertrand competition, whereas it may exclusively license to the high‐quality firm, the low‐quality firm, or non‐exclusively to both firms under Cournot competition. Non‐exclusive licensing is necessarily welfare‐enhancing whereas exclusive licensing is welfare‐reducing if the quality of the new technology is not sufficiently superior to that of the domestic ones.     

Optimal patent length and breadth in an economy with creative destruction and non-diversifiable risk

In this paper, I examine the optimal patent shape in an economy in which R&D firms innovate and imitate, households face non-diversifiable risk and there is externality in production and R&D. With non-diversifiable risk, a household’s consumption and investment decisions are interlinked. This economy contains industries of two kinds: monopoly industries with an innovator only, and duopoly industries with an innovator and an imitator. I define patent length as the expected time in which an innovation is imitated, and patent breadth as the innovator’s profit share in an industry after a successful imitation. The government can control patent length by the requirements for accepting a substitute for a patented good, and patent breadth by imposing compulsory licensing and royalties for the patentee after a successful imitation. I show that the stronger the externality in production relative to R&D is, the slower the optimal growth rate, the larger the optimal proportion of duopoly industries, and the longer and narrower the optimal patent.     

Price cap regulation of a dominant firm facing competition

Price cap regulation is typically applied to natural monopolies operating with subadditive costs. Price caps are known to provide superior incentives for the regulated monopoly to pursue cost reduction and, in a multiservice/product context, undertake welfare enhancing price discrimination. It is well known that capping a Laspeyres index of the firm’s prices induces the monopoly to charge socially optimal “Ramsey” prices in the long run. This paper examines the suitability of the Laspeyres form of regulation when the regulated firm faces competition in the market for one of its services (outputs). We present the appropriately modified Ramsey pricing rule for the regulated dominant firm and demonstrate that capping a Laspeyres index of the dominant firm’s prices leads to prices that satisfy this pricing rule in the long run.     

累积创新中的内生许可证

This paper analyzes the endogeneity of licensing arrangements in cost-reducing cumulative innovation. There exists the following results. First, for the first-generation patentee, ex post licensing matters for rent extraction while ex ante licensing matters for efficiency. Second, if the second-generation innovator does not exit, then the firms’ profits as well as social welfare are all irrelevant to whether ex ante licensing is allowed. Third, costly litigation can occur on the equilibrium path and its occurrence is also irrelevant to ex ante licensing. Interestingly, the conditional probability of the first-generation patentee winning litigation first decreases and then increases in patent breadth. Fourth, optimal patent breadth depends on the tradeoff between litigation costs and antitrust effect. Translated from Shijie Jingji Wenhui 世界经济文汇 (World Economic Papers), 2006, (6): 1–29     

Exclusivity and exclusion on platform Markets

We examine conditions under which an exclusive license granted by the upstream producer of a component that some consumers regard as essential to one of two potential suppliers of a downstream platform market can make the unlicensed supplier unprofitable, although both firms would be profitable if both were licensed. If downstream varieties are close substitutes, an exclusive license need not be exclusionary. If downstream varieties are highly differentiated, an exclusive license is exclusionary, but it is not in the interest of the upstream firm to grant an exclusive license. For intermediate levels of product differentiation, an exclusive license is exclusionary and maximizes the upstream firm’s payoff.     

Licensing technology to shape standards: Examining the influence of the industry context

Technology standards refer to particular technological solutions, which emerge as the accepted approach to fulfill a particular function. In light of the growing importance of technology standards and network externalities, industrial firms may not only adopt emerging standards, but they can actively shape the standardization processes based on their forecasting activities. One important means to influence standard setting towards a firm's own technology is to foster the technology's adoption by actively licensing it to other organizations. Thus, industrial firms may license technology in order to enhance their future new product performance based on a standard related to their technology. To shed light on these dynamics of standardization processes, we draw on contingency theory and conceptually examine the role of licensing in the emergence of technology standards. We further use new data from two surveys of 79 industrial firms with a three-year lag to analyze how environmental contingency factors related to appropriability, i.e., patent protection and technological turbulence, moderate the relationship between licensing to shape technology standards and a firm's subsequent innovation performance. The data provide strong support for the importance of shaping standards by licensing technology, and the findings have important implications for research into standards, licensing, and appropriability.     

Product Lifetime: A Determinant of Entry Decision by Multinational Firms

Existing literature on the role of intellectual property rights (IPR) protection has painted an ambiguous picture about the size of the effects of stronger IPR on the choice of the multinational firm’s mode of entry into foreign market. Some empirical studies suggest that improving IPR in recipient countries will have higher effect on licensing, while others found larger effect on foreign direct investment (FDI). The available indices of protection only measure country-wide characteristics and do not pick inter-industry variation, while the data show significant differences in losses of US multinationals by industry. In this paper, we introduce and empirically estimate a new dimension to multinational firm’s decision to enter a foreign market—a parameter that reflects the length of positive profits that the firm can earn in various industries. We dub the estimated parameter a perceived time of rent extraction. The introduction of the time parameter allows us to differentiate the effects of stronger IPR on the entry modes in different industries and reconcile the ambiguity results in the literature. Particularly, strengthening IPR has higher impact on FDI in industries with shorter rent extraction time, while licensing is affected more than FDI in industries with longer rent extraction time.     

新冠肺炎疫情下药品专利强制许可研究——以瑞德西韦为例

新型冠状病毒肺炎疫情暴发初期，瑞德西韦专利药品受到了广泛关注，虽然其仍在试验中，但给重症病患带来了希望。当前的疫情发展形势符合我国《专利法》规定的颁发专利强制许可的条件。首先概述药品专利强制许可及其特点，分析我国药品专利强制许可制度立法现状及存在的问题，借鉴国外药品专利强制许可制度立法实践，提出瑞德西韦药品专利强制许可应适当放宽申请主体限制、适度扩宽申请事由规定、善用药品专利强制许可制度谈判价格、制定符合国情的专利许可制度等建议，为我国启动药品强制许可制度提供政策依据。     

独立许可条款下竞争性专利联盟累积创新效应比较研究

由于技术标准间竞争加剧,在高新技术产业内形成了基于不同技术标准的多个竞争性专利联盟并存的格局。此外,随着对专利联盟垄断性审查的加强,同时为了更好地保护联盟内企业利益,鼓励其创新,很多联盟采用了独立许可条款。为此,运用动态博弈理论分别构建无独立许可条款和有独立许可条款下竞争性专利联盟累积创新效应的分析模型,对阻碍性专利的创新效应进行比较研究。结果表明：竞争性专利联盟创新效应受独立许可条款、专利类型、专利联盟技术标准间差异化程度、联盟内企业所持有的必要专利数量等因素影响,具有复杂性。但总体上,竞争性专利联盟可降低专利许可费,促进专利的使用,有利于提高社会福利,促使企业增加研发投入,鼓励企业创新。     

创新技术价值信息不对称下厂商的许可策略

本文构建了创新技术商业价值信息不对称情况下在位创新厂商和生产厂商间的技术许可博弈模型,并运用逆向归纳法分别寻求混同均衡和分离均衡。分析结果表明,若运用两部制许可方式,从创新厂商的角度出发,当创新技术高经济价值的可能性较大时,高提成费用混同许可最优;当创新技术低经济价值的可能性较大时,低提成费用混同许可最优。此外,本文还得出固定费用许可条件下的最优许可策略。无论厂商选择何种许可方式,均不存在分离均衡。     

Externalities, monopoly and the objective function of the firm

This paper provides a theory of general equilibrium with externalities and/or monopoly. We assume that the firm’s decisions are based on the preferences of shareholders and/or other stakeholders. Under these assumptions a firm will produce fewer negative externalities than the comparable profit maximising firm. In the absence of externalities, equilibrium with a monopoly will be Pareto efficient if the firm can price discriminate. The equilibrium can be implemented by a two-part tariffWe would like to thank John Fender, Herakles Polemarchakis, Les Reinhorn, John Roberts, John Roemer, Colin Rowat, Erkan Yalcin two anonymous referees and participants in seminars at the Universities of Birmingham, Durham, Heidelberg, Mannheim and Queens, the Public Economic Theory conference at the University of Warwick, July 2000, and the EEA congress, Lausanne 2001 for comments and suggestions     

Tariffs, licensing and market structure

This paper challenges the conventional wisdom that exclusive owners of an advanced technology are always better off when producing as a monopolist than when competing against another firm. Competition against a less-efficient firm weakens the power that a host country can exert on the incumbent in the form of its tariff policy. We show that this gives a motive for a monopolist to license its technology to another foreign firm. A host country gains more from increased competition if it can induce the foreign incumbent to transfer technology to the host country firm. We show that the host country can do so by tariff commitment. We also discuss the implications of bargaining under licensing and Bertrand competition in the product market. Hence, this paper qualifies and extends the recent work of Kabiraj and Marjit [Protecting consumers through protection: The role of tariff-induced technology transfer. European Economic Review 47, 113-124].     

Tariff induced licensing contracts,consumers’ surplus and welfare

We construct a duopolistic trade model with technology transfer and consider two-part tariff licensing contracts. We show that a tariff on foreign products can influence the licensing strategy of the foreign firm. There is a trade-off between a tariff and a royalty license in affecting the product price. We show in particular that a tariff can be chosen so as to induce fee licensing and maximize both consumers’ surplus and domestic welfare. This resolves the so-called conflict between these two objectives in respect of the choice of a tariff. The paper provides a number of testable hypothesis.     

Why are firms sometimes unwilling to reduce costs?

This paper identifies the environments in which it does not pay for a multiproduct firm to engage in small cost reductions. Specifically, it shows that a multiproduct Bertrand firm’s profits will decrease in response to a small reduction in one product’s marginal cost if and only if the output share of the cost-reducing unit is below a threshold. Because cost reductions by a single-product firm or by a multiproduct Cournot firm always increase the firm’s profits, this result is unique to multiproduct Bertrand firms.     

Determinants of inter-firm technology licensing in the EU

This article investigates the determinants of technology licensing, focusing on how country-specific characteristics affect technology holders’ incentives to sell their proprietary technologies through licensing alliances. An empirical examination of licensing is done using a unique panel data set of licensing transactions involving companies in the EU. The strength of Intellectual Property Rights (IPR) protection, the degree of economic freedom, the level of country risk, and the number of patent granted in the country are found to be important determinants of inter-firm technology licensing. In addition, firms with prior independent experience as a licensor and public companies tend to license technology more.     

Technology Transfer,Quality Standards,and North–South Trade

This paper examines the economic consequences of technology transfer through licensing in a North–South model of vertical product differentiation, based on a product‐line pricing framework. With its limited technological expertise, the southern firm cannot export to the northern market without purchasing the northern firm's “clean” and low‐cost technology. With North–South cost‐asymmetry, we conclude that the transfer of technology through licensing promotes trade, product variety and improves global welfare. However, without government intervention, the private levels of product quality chosen by firms tend to be lower than the socially optimal levels. This finding helps to explain why developed countries often set quality standards for imported foreign products.     

The sunk-cost effect and optimal two-part pricing

This paper examines how the sunk-cost effect on consumers’ purchasing behavior may reset the optimal two-part pricing. It shows that the sunk-cost effect of a membership fee provides the firm an incentive to raise the unit price and/or to increase the market coverage by charging a lower membership fee.