‘To sell or not to sell’: Licensing versus selling by an outside innovator

We study various modes of technology transfer of an outside innovator in a spatial framework when the potential licensees are asymmetric. In addition to different licensing options, we also look into the option of selling the property rights of innovation and find the optimal mode of technology transfer. For licensing we find the optimal policy is to offer pure royalty contracts to both licensee firms when cost differentials between the firms are relatively small compared to the transportation cost, otherwise offer a fixed fee licensing contract to the efficient firm only. Interestingly, we show the innovator is always better-off selling the innovation to any one of the firms who further licenses it to the rival firm. The result holds irrespective of the size of the innovation (drastic or non-drastic) and the degree of cost asymmetry between the licensees. Social welfare is greater under selling than licensing.     

Mixed Competition and Patent Licensing

This paper studies the patent licensing decision of an insider patentee when two firms engage in a mixed (Cournot–Bertrand or Bertrand–Cournot) competition where one firm adopts the quantity strategy while the other uses the price strategy and vice versa. If either the fixed fee or royalty is applied, then the licensor prefers the fixed fee when the licensor takes the quantity strategy, while the licensee uses the price strategy (Cournot–Bertrand). If the two‐part tariff is applied, then the two‐part tariff is more likely to be adopted by the licensor under Cournot–Bertrand than under Bertrand–Cournot competition.     

排他性与非排他性策略下创新授权契约机制研究

分析了不完全信息下,拥有提高产品质量技术的创新企业,在（非）排他性授权策略下,向进行Cournot竞争生产低质量产品的生产企业技术授权的契约优化问题。研究表明,在排他性授权策略下,双重收费契约下信息不完全能使接受授权生产企业赢取更多的创新企业特许权补贴;在非排他性授权策略下,不完全信息能够削弱创新企业通过双重收费契约设计对产品间接市场的垄断程度。在排他性授权交易下,信息不完全使特许权收费契约优于固定收费契约成为可能,这不同于Li and Wang的研究结论。基于提高社会创新能力视角,政府应鼓励创新企业更多采用特许权收费授权契约,削弱信息不对称的影响,赢取更多研发投资利润回报。     

考虑革新程度认知差异的新产品技术授权研究

建立博弈模型，探讨技术革新认知差异情形下，外部技术创新者向寡占竞争格局的生产企业授权生产新产品专利的最优决策问题。研究发现，创新授权者关于新产品市场的认知劣势使固定收费契约不具备完全优于特许权收费契约的绝对优势；在双重收费契约下，专利人授权对象选择因认知差异影响，由排他性授权向非排他性授权决策转变；认知差异性削弱了创新企业市场势力，从而提高特许权收费契约优势，而拍卖、股权投资等有助于创新企业克服认知劣势。据此，建议创新企业明晰创新专利长期回报，综合搭配应用多种授权契约；以非排他性授权策略配合特许权收费、双重收费和股权投资等契约模式，实现技术交易产业链激励共容下的利润最大化，促进技术创新传播应用，提高社会福利水平。     

Quality differentiation and product innovation licensing

Evidence reveals that there are more than 50% product innovation licensings applied within industries. We study product innovation licensing (quality-enhancing licensing) in both exclusive and non-exclusive schemes each under unit/revenue royalty and fixed fee in a vertically differentiated Cournot oligopoly, where a quality-leading firm is an internal licensor. We show that, under a non-exclusive licensing, royalty licensing is the superior policy for the licensor if quality difference within firms is small, regardless of whether a unit or revenue royalty scheme is offered. Under an exclusive licensing, a two-part tariff is optimal. If fixed fee licensing is practicable, the licensor favors an exclusive licensing. Furthermore, an increase in quality difference within firms increases the optimal rates. Using the simulated results, we examine that licensing improves social welfare in all schemes, and the number of licensees will influence the magnitude of welfare enhancement.     

License auctions with royalty contracts for (winners and) losers

This paper revisits the licensing of a non-drastic process innovation by an outside innovator to a Cournot oligopoly. We propose a new mechanism that combines a restrictive license auction with royalty licensing. This mechanism is more profitable than standard license auctions, auctioning royalty contracts, fixed-fee licensing, pure royalty licensing, and two-part tariffs. The key features are that royalty contracts are auctioned and that losers of the auction are granted the option to sign a royalty contract. Remarkably, combining royalties for winners and losers of the auction makes the integer constraint concerning the number of licenses irrelevant.     

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。     

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.     

The Relevance of Bargaining for the Licensing of a Cost‐reducing Innovation*

In the context of a Cournot duopoly, this paper studies the licensing of a cost‐reducing innovation by means of three possible allocation mechanisms: auction, fixed fee, and direct negotiation. Once the use of an arbitrary reserve price (which is not credible) has been excluded, it is no longer true that auction always yields higher profit to the patentee than a fixed fee. However, the authors propose a direct negotiation mechanism which restores the patentee's profit to the level of an auction with an arbitrary reserve price (which is unimplementable). Direct negotiation is superior to both an auction with a nonarbitrary reserve price and a fixed fee. From the social point of view, however, licensing with a fixed fee is the best option.     

Drastic innovations and multiplicity of optimal licensing policies

Considering the licensing of a drastic cost-reducing innovation by an outside innovator in an n-firm Cournot oligopoly, we show that when the innovator uses combinations of fees and royalties, there are either n − 1 or n optimal licensing policies.     

Technology licensing or cost-reducing outsourcing? Game theoretical analysis on consumers' home bias effects and firms' optimal strategies

International cost-reducing outsourcing lowers consumers' perceived quality of products due to home bias. This paper envisages a vertically differentiated Cournot duopoly associated with international, cost-reducing outsourcing and non-outsourcing schemes in both licensing and non-licensing cases. It examines the impacts of home bias effect on the behaviour of firms and welfare. It shows that the optimal strategy of the patent holder varies from situation to situation associated with the home bias effect. In equilibrium, the dominant strategy for the patent holder is licencing and no outsourcing. If a licensee will outsource its inputs after upgrading the quality of its products, then the patent holder will earn higher profits than one in a case where the licensee does not outsource. If both the patent holder and the licensee produce without outsourcing, a welfare-reducing licensing occurs. On the other hand, if the licensee outsources its production inputs but the patent holder does not outsource, then a welfare-improving licensing generates a win-win situation for the patent holder and for society. Furthermore, the smaller the quality gap between two goods prior to implementing licensing, the lower the royalty rate imposed by the patent holder.     

FEE VERSUS ROYALTY POLICY IN LICENSING THROUGH BARGAINING: AN APPLICATION OF THE NASH BARGAINING SOLUTION

In this paper, we consider a Cournot duopoly market in which the patent‐holding firm negotiates with its rival firm about payments for licensing a cost‐reducing innovation. Applying the Nash bargaining solution, we compare two licensing policies, a fixed fee and a royalty. Our results are as follows. Royalty licensing is better than fixed fee licensing for both firms if the innovation is not drastic. So, royalty licensing is always carried out. Moreover, though there exists a case in which consumers prefer fixed fee licensing, royalty licensing is always superior to fixed fee licensing from the social point of view.     

How does a mixed ownership firm license a patent?

This paper demonstrates that a cost disadvantaged innovator increasingly relies on licensing with a fixed fee as its public ownership share grows. Moreover, when the innovation is drastic, a cost disadvantaged innovator frequently licenses by fixed fee when it has a public share even as a fully private firm will never use a fixed fee. As the fixed fee improves welfare, these results suggest that the licensing method of a partial public firm helps correct the market failure of imperfect competition.     

Licensing a new product with non-linear contracts

Abstract .  This paper looks at a situation where a licensor owns a patent on a technology that allows the production of a new good. The licensor seeks to license its innovation to a set of producers that differ according to their marginal cost of producing an existing good. We show that the licensor is able to obtain the profit a monopolist would achieve by producing the new good. The equilibrium licensing contract specifies both a fixed fee and a royalty scheme based on the production of a licensee.     

技术许可中道德风险问题的价格契约治理机制研究

本文利用现代契约经济学基本理论,对同一技术条件下、由技术使用者替代性投入行为而产生的道德风险问题的价格契约治理机制进行了分析。分析结果表明,技术所有者总可以设计一种分离价格契约治理道德风险问题,其中,对自己偏好的高成本投入行为采用纯固定费用,而对低成本投入行为采用“固定费用 提成费”。本文进一步认为,价格契约中提成费比率对成本效率较高的投入行为所造成的扭曲程度,要大于成本效率较低的投入行为。     

Commercialization of a demand-enhancing innovation: The release of a new apple variety by a public university

The upsurge of patented fruit varieties developed by university plant-breeding programs motivated this re-examination of optimal commercialization strategies when an innovator cares about profits for both itself and the licensees. Our theoretical findings suggest that the optimal licensing arrangement that maximizes weighted joint profits depends on the innovation level size, number of firms, and the weights assigned to the innovator and licensee profits. We designed an experiment to test the case with a small number of firms and found that the joint profits are the greatest under an exclusive per-unit royalty scheme. However, when the number of firms is large, as may be the case for a varietal introduction into the U.S. apple industry, our model suggests that the joint profits will be the largest under a nonexclusive contract, either with a two-part tariff, if the innovation level is high, or a per-unit royalty if the innovation level is low.     

技术许可中道德风险问题的价格契约治理机制研究

本文利用现代契约经济学基本理论，对同一技术条件下、由技术使用者替代性投入行为而产生的道德风险问题的价格契约治理机制进行了分析。分析结果表明，技术所有者总可以设计一种分离价格契约治理道德风险问题，其中，对自己偏好的高成本投入行为采用纯固定费用，而对低成本投入行为采用“固定费用＋提成费”。本文进一步认为，价格契约中提成费比率对成本效率较高的投入行为所造成的扭曲程度，要大干成本效率较低的投入行为。     

Multiple steady states and indeterminacy in the Uzawa–Lucas model with educational externalities

This paper examines a foreign technology holder’s licensing choices between royalty and fixed-fee scheme. We emphasize that foreign licensor chooses the quality of licensed technology when the licensee country does not implement perfect intellectual property protection for licensor’s technology. We study quality choice as the foreign licensor’s selection for a particular grade of technical skills. We show that fixed fee emerges as the equilibrium licensing scheme when both the transfer of his technology is relatively efficient and the licensee is sufficiently cost competitive in the domestic market, and that royalty licensing prevails otherwise. We further show it need not hold the general belief that welfare in the licensor country unambiguously rise with a stronger patenting system in the licensee country when, in particular, such patenting system in place is sufficiently lax.     

Licensing cost-reducing innovations under supply function competition

In this paper, we study the licensing of cost-reducing innovations in a duopoly under supply function competition. We show that the innovator prefers fixed-fee licensing to no licensing if its cost advantage is not extremely large. Moreover, if its cost advantage is not extremely small, the innovator prefers fixed-fee licensing and mixed licensing to revenue-royalty licensing. This second result arises only because of our assumption that the cost functions are quadratic. We show that if the cost functions are linear and royalty payments are per unit of output, the innovator strictly prefers royalty licensing to fixed-fee licensing. We also show that in our model, consumer surplus is remarkably higher under any type of licensing than under no licensing. However, revenue-royalty licensing is slightly superior for consumers to the other two types of licensing and only so if the cost advantage of the innovator is sufficiently large.     

Licensing to a durable-good duopoly in patent litigation

Incorporating patent litigation into a durable-good duopoly model, we revisit the optimal licensing contract on a cost-reducing innovation. We find that both the optimal licensing contract and the innovator's licensing revenue are closely related to the patent's strength, i.e., the probability it would be found valid if tested in court. It is shown that, for a relatively weak patent (patent's strength is low), it's optimal for the innovator to charge the royalty rate as high as possible coupled with a negative fixed fee. But for a relatively strong patent (patent's strength is high), contract involving the combination of a medium level royalty rate and a positive fixed fee is optimal. We also discuss how the patent's strength affects the social welfare of a patent. Finally we present two policy suggestions that may alleviate the social welfare loss raised by the licensing of weak patents.