Value from technology licensing – The role of monitoring and licensing experience

Technology licensing is an important form of exchange in business-to-business markets. Licensees consider licensing technologies as a key mechanism to expand their technological asset base and to innovate. Even though exchange is the central focus of marketing academia, technology licensing contracts as a form of exchange have been largely overlooked. We take some steps to fill this void by studying the role of governance in licensing contracts. We rely on governance and specifically agency theory to study two-sided moral hazard problems in technology licensing. The two-sided nature of the problem is reflected in the presence of both upstream monitoring (i.e., the licensee monitoring the licensor) and downstream monitoring (i.e., the licensee being monitored by the licensor). We demonstrate that the effects of monitoring on licensee value creation are conditional on the licensee’s experience in licensing. Specifically, we observe that, conditional on the licensee having accumulated a high level of licensing experience, upstream process monitoring and downstream output monitoring increase licensee market value while downstream process monitoring reduces licensee market value. Interestingly, we find no support for similar moderating effects of partner-specific experience. We rely on a unique database of original licensing contracts, historical data on past licensing contracts, and stock price data to analyze the value created by individual licensing contracts. The combined results may help licensees draft more valuable contracts.     

The design of licensing contracts: Chemicals,pharmaceuticals, and electrical engineering in imperial Germany

The article investigates a sample of 180 technology licensing contracts closed by German chemical, pharmaceutical, and electrical engineering companies between 1880 and 1913. The empirical results suggest that strategic behaviour is relevant for the design of licensing contracts, whereas inventor moral hazard and risk aversion of licensor or licensee seem to be less important. Moreover, the results suggest that uncertainty regarding the profitability of licensed technology influenced the design of licensing contracts. More specifically, profit-sharing agreements or producer milestones were often included in licensing contracts to solve this kind of problem.     

North-South technology transfer through licensing

The incentives of Southern governments to protect intellectual property rights are examined when Northern innovating firms license technology to Southern firms in a game with asymmetric information. Southern firms may or may not be able to imitate after they license the technology, and Northern firms do not know whether the Southern firm can imitate. The form of the licensing contract and the distribution of the gains from licensing will affect the incentives of Southern countries to protect patents. Southern consumers gain from patent infringement but at the expense of Southern firms that cannot acquire licenses at the most favorable terms.     

There will be exports and licensing: The effects of patent rights and innovation on firm sales

Previous work has focused on how intellectual property rights affect inward technology transfer. This paper is among the first to study whether patent rights contribute to outward technology transfers. Patent protection can affect the ability of firms to be sources of technology through its effects on innovation and commercialization. Using micro data, this paper finds that patent rights and innovation are positively associated with the exporting and licensing of firms, controlling for other determinants of technological capacity, although the effect is not symmetric across firms in all countries. Patent rights have a strong impact on the export and licensing activities of firms in developed countries, and only on the licensing activities of firms in developing countries. Moreover, transfers of technology develop sequentially – namely, exporting before licensing – due to the differing sunk costs of each type of entry. The results have implications for how innovation policies and activities contribute to the outward orientation of firms.     

Motivations and risks in international licensing: a review and implications for licensing to transitional and emerging economies

In the light of changes in technology and today’s global business environment, recent contributions in the literature regarding international licensing, particularly the reasons, risks, and management of licensing are reviewed. The main reasons that firms choose licensing over other methods of international market entry are examined, and the risks associated with licensing are synthesized and updated, along with perspectives on managing those risks. Finally, areas are suggested for further inquiry that may help to enrich this field of study. Throughout, particular attention is paid to the issues of international licensing that affect emerging and transitional economies, particularly from the perspective of small firms.     

Dynamic analysis of innovation and international transfer of technology through licensing

This paper develops a quality-ladder type dynamic general equilibrium model with endogenous innovation and technology licensing as a major source of international technology transfer in developing countries. Examining the dynamic characteristics of the model fully, we explore the short- and long-run effects of both an improvement in the probability of reaching a licensing agreement with a given effort and an increase in the license fee rate. The model shows that the former promotes innovation and technology transfers in both the long and short run, while the latter discourages them.     

Exclusive Licensing in a Sequence of Innovations

In this paper, I examine the issues involved with sequential licensing of innovations. In particular, a model is developed in which the granting of an exclusive license has the potential to distort future industrial structure. Subsequent licensing negotiations are then affected by the initial exclusivity, giving the initial licensee more leverage in bidding. This dynamic effect gives firms strategic incentives to take exclusive licenses, even when, in a one-shot market, such licenses would not be optimal. Appropriate antitrust rules in the context of sequential innovations are then discussed.     

The dual role of local sites in assisting firms with developing technological capabilities: Evidence from China

As strong local knowledge bases emerge in some developing countries and regions, more research efforts are devoted to examine the role of local sites in technological-capability development of firms from developing countries. However, most of these studies illuminate the direct input (e.g., knowledge, human capital) and the role of motivating multinational companies (MNCs) to upgrade their local operations in developing countries so as to perform more innovation activities. Few articles are presented that examine the role of local sites in the learning and technological-capability building processes that take place during technology import activities. This study investigates how local sites in developing countries help their firms benefit from the spillovers of international technology diffusion, by empirically scrutinizing Chinese licensee firms. The empirical results support the hypothesis that Chinese local sites assist with their firms’ technological-capacity building, driven by international technology licensing-in activities, in three indirect ways. That is, the enrollments of sufficient R&D personnel from local sites, the collaborations with local universities and research institutes, and the collaborations with local industrial community firms positively influence the relationship between firms’ international inward technology licensing and technological capabilities.     

An Exploration of Factors Influencing Inward Technology Licensing Performance

This article describes an exploratory study of firms' performance in the use of technology licensed from foreign non-affiliate companies. It focuses on identifying the factors that distinguish between licensee firms with high and low performance. The results suggest that a firm's internal distictive competencies in manufacturing and marketing; and mangers' perceived costs and bengits of inward licensing significantly explain the firm's performance in the use of licensed technology.     

Inter‐temporal Tie‐ins: A Case for Tying Intellectual Property Through Licensing

Hybrid licences tie trade secret rights (which have no fixed expiration) to related patent rights (which expire). Although level royalty hybrid licences, which charge a single royalty for both rights, have been prohibited, it can be shown that infinite‐term licensing (ITL) for patent rights may be better than a limited‐term patent, when returns to the licensor are fixed. This article explains hybrid licensing as a means of privately implementing the efficient ITL outcome when returns to the licensor are constrained but not necessarily fixed, without requiring a change in the length of the patent term.     

International linkages and productivity at the plant level: Foreign direct investment, exports, imports and licensing

Productivity growth may be affected particularly for developing countries by international linkages or technology transfer. We evaluate relationships between productivity and FDI, exports, imports and licensing for Turkish manufacturing plants in the apparel, textiles, and motor vehicles industries. We assess performance premia associated with these international technology transfer channels that control for plant size and location. We then use a structural model to allow for plant-specific input composition and interactions, estimated alternatively by quantile regression and semi-parametric techniques to recognize plant heterogeneity and to accommodate simultaneity and selection issues. Overall, we find that productivity is most closely related to foreign ownership, especially for larger plants and in combination with other forms of technology transfer, followed by exporting and then licensing.     

浅议行政许可信赖保护原则

信赖保护原则是诚实信用原则在行政法中的具体适用,是行政许可法的一项基本原则.信赖保护原则不同于其它行政法原则,有着其特有的涵义、适用条件.但是通过实践以及进一步的理论研究我们可以发现对于该原则的适用,还存在一些问题.需要在制度设计上予以完善.     

Technology transfer in Mexico: Past patterns and new problems related to the North American free trade agreement

As the Mexican economy prepares to transition from a relatively closed and protected market to a regionally integrated free market which is part of the proposed North American Free Trade Agreement (NAFTA), a change in its technology licensing environment will be needed to enable Mexican companies to compete for technology with firms from the other member countries of the NAFTA. This study identifies the national sources which have provided Mexico with technology and the Mexican industrial sectors which have been able to attract this technology in the 1980s. It further evaluates the current licensing environments in Canada, Mexico, and the U.S.A. as well as in the Latin American Integration Association (LAIA). The study provides recommendations for changes to the Mexican licensing environment and proposes strategies for attracting technology to Mexican industry under the changed conditions which would be introduced by the NAFTA. © 1993 John Wiley & Sons, Inc.     

Valuation of Discount Options in Software License Agreements

Many companies increasingly rely on licensed standard software for system software and applications. In addition to the regulation of usage conditions, software licensing agreements increasingly include services, such as software upgrades and user training, as a part of the contract or these are optional for a fee, which can be made use of by the licensee during the term of the contract at a reduced price or as a free service. This benefit entitlement is called a discount option and must be valued during the selection and designing of a contract. This paper describes the basic valuation issues as well as some weaknesses of previous approaches, and subsequently presents a model which, on the basis of the real option theory, enables an assessment of the discount options using mathematical methods. As the value of discount options can in many cases only be estimated by using analytical methods under certain conditions, a practical solution method is explained on the basis of numeric backwards induction. The procedure for applying the model and the achieved advances in knowledge are illustrated with an example.     

Product business, foreign direct investment, and licensing: Examining their relationships in international technology exploitation

In the past, most industrial firms focused on internally exploiting technological knowledge in their own products. By contrast, external technology exploitation through out-licensing was primarily an entry mode into foreign markets or into product markets for which a firm had limited complementary assets. Outward technology transfer was mainly regarded as a substitute for foreign direct investment and for a firm's internal product business. The recent trend towards active licensing questions this traditional role of international licensing. To overcome the focus on market entry in prior research, we analyze the motives for technology licensing. On this basis, we use data from 152 firms to test six hypotheses relating product diversification, technological diversification, and foreign direct investment to the extent of technology out-licensing, considering technological turbulence as a moderator. The results provide support for a capability-based understanding of technology licensing, and they may lead us to fundamentally rethink traditional assumptions on the relation between product marketing, foreign direct investment, and licensing.     

Managing brand extension via licensing: An investigation into the high-end fashion industry

Brand managers are increasingly confronted with the option of licensing their brands when pursuing brand extensions. Such decisions are typically based on evaluation of the risks associated with such a contractual form, and with the nature of the asset at stake, i.e., the brand. Drawing on transaction cost economics and the brand extension literature, the authors investigate how managers balance the advantages of rapidly accessing new product categories through licensing with the risk of negative reciprocal effects and licensees' opportunistic behavior. Our results suggests that firms tend to be strategically conservative when examining how to extend their brands, as managers see the risk of negative effects on the parent brand as outweighing the advantages associated with licensing.     

The licensing of second hand car dealers in Scotland

The second hand car trade in the UK has been largely ignored by researchers and yet consumer problems in this market are significant. There is a considerable body of literature concerning occupational licensing and this paper examines the application of a compulsory licensing system for second hand car dealers which was introduced in Scotland in 1982. The fundamental issue of whether or not licensing can contribute to consumer protection in this market is obscured by the administrative framework in which licensing has been set. This has a number of implications for both consumers and second hand car dealers.

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Die Lizensierung des Gebrauchtwagenhandels in Schottland

Zusammenfassung Zunächst wird auf die Bedeutung des Gebrauchtwagenmarktes hingewiesen, der in Großbritannien ein größeres Volumen hat als der Neuwagenmarkt und eine besondere Rolle bei Käufen von privat genutzten Autos spielt. Zugleich hat dieser Markt Probleme für die Käufer, die nicht nur durch den hohen Preis eines Autos begründet sind, sondern auch durch die für den Käufer unglückliche Informationssituation; der Verkäufer weiß in der Regel mehr über das von ihm angebotene Auto und wird häufig zugleich ein Interesse daran haben, wichtige Informationen zurückzuhalten.Im weiteren behandelt der Beitrag generell die Argumente für und gegen berufliche Zulassungsregelungen und versucht, das spezielle Zulassungssystem zu bewerten, das im Jahre 1982 in Schottland für den Gebrauchtwagenhandel eingeführt wurde. Ein Urteil darüber, ob dieses System dem Käuferinteresse dient, ist deshalb so schwer zu fällen, weil es die örtlichen Kreisverwaltungen sind, die durch die administrative Regelung mit der Lizenzvergabe betraut wurden. Daraufhin haben sich große regionale Unterschiede ergeben, die für beide Marktseiten von Nachteil sind.

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Mark Gabbott is Lecturer in Marketing, Institute for Retail Studies, University of Stirling, Stirling, Scotland FK9 4LA, U.K.     

论药品强制许可对国际直接投资的影响

随着专利法的修订,药品强制许可的法律依据依然完善。然而,药品研发的高额成本,必然导致制药企业本能地抵制药品强制许可。同时,制药企业将避免前往实施强制许可的国家进行直接投资。因此,药品强制许可对制药业投资的影响,亟待评估。有必要透视全球药品强制许可的立法和实践,通过分析TRIPs协定相关内容,考察药品强制许可对国际直接投资的影响。     

Paradoxical side effects of green advertising: how purchasing green products may instigate licensing effects for consumers with a weak environmental identity

Abstract

Research into green advertising has mainly investigated how green appeals can enhance product attitudes, sales, and brand image. But what happens after people have purchased a ‘green’ product advertised in a green ad? In two experiments, we show that purchasing a green product may have paradoxical post-purchase effects, such that it may lower intentions to engage in subsequent environmentally friendly behaviour (a so-called licensing effect). Importantly, our results show that these post-purchase effects are moderated by environmental identity: only people with a weak environmental identity show these paradoxical post-purchase licensing effects, people with a strong environmental identity are more likely to continue behaving in an environmentally friendly way.     

Strategic Environmental Policy with Technology Licensing

The tendency for countries to cheat on international environmental agreements has been well-documented. One reason is that less developed countries suffer technological disadvantages. While a number of authors have shown that technological transfers can solve the stability problem, real-world giveaways rarely occur. The purpose of this study is to investigate the conditions under which private licensing of pollution abatement technology, linked to cooperation on environmental policy, represents a feasible alternative. We find that, while a Pareto-improving solution exists, the licensing equilibrium is tenuous. Ironically, the more technologically advanced pollution abatement becomes, the less incentive there is for the recipient to cooperate.