Licensing process innovations when losersʼ messages determine royalty rates

We consider a licensing mechanism for process innovations that awards a limited number of unrestricted licenses to those firms that report the highest cost reductions, combined with royalty licenses to others. Firmsʼ messages are dual signals of their cost reductions: the message of those who win an unrestricted license signals their cost reduction to rival firms, while losersʼ messages influence the royalty rate set by the innovator. We explain why a sufficiently high threshold level for awarding the unrestricted license is essential to induce truth-telling, show that the innovator generally benefits from the proposed mechanism, and derive conditions for implementability by a modified second-price auction.     

逆向选择条件下技术许可中非排他性价格契约研究

通过经典的委托代理理论的应用,文章揭示了一类逆向选择条件下的技术许可中非排他性价格契约理论的内在机理。文章认为,通过针对差的类型的技术使用者的包含可变费用的契约和对好的类型的技术使用者的纯固定费用的契约,可以达到有效的排他性技术许可的目的;但为了有效的激励,技术所有者事前要对好的类型的技术使用者转移一定的信息租。     

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。     

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.     

Optimal patent licensing—Two or three-part tariff

We look into technology transfer by an insider patentee in a spatial duopoly model under three types of licensing contracts—(i) two-part tariff with fixed fee and per-unit royalty, (ii) two-part tariff with fixed fee and ad-valorem royalty and (iii) general three-part tariff with fixed fee, per-unit and ad-valorem royalties. Under two-part tariff contracts, the licenser is better off with the per-unit royalty contract but the general contract does better than the other contracts. In contrast to the existing literature, all three licensing contracts may make the consumers worse-off compared to no licensing, with the lowest consumer surplus achieved under the general licensing contract. Welfare under the general licensing contract is equal to the welfare under two-part tariff with ad-valorem royalty and it is higher than the welfare under no licensing but lower than the welfare under two-part tariff with per-unit royalty. Hence, the general three-part licensing contract is privately optimal but not socially optimal. Similar conclusions hold also under a nonspatial linear demand model with differentiated products.     

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。     

ON TECHNOLOGY LICENSING IN A STACKELBERG DUOPOLY

This paper finds that in a linear Stackelberg duopoly model, the follower is more likely to license a cost-reducing innovation to the leader than the leader is to the follower, regardless of whether licensing is in the form of a fixed fee or royalty per unit of output. Under fixed-fee licensing, the follower gains more from small innovations while the leader gains more from large non-drastic innovations. Under royalty licensing, the follower always gains more than the leader from an innovation.     

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。     

Licensing to a durable-good monopoly

This paper incorporates a durable-good monopoly model and re-examines the argument on licensing contracts. It shows that, from the perspective of the non-producing patent holder, the optimal licensing contract depends on the nature and the degree of the innovations. Specifically, for small cost-reducing or quality-improving innovations, charging a royalty is optimal. For large cost-reducing or quality-improving innovations, licensing by means of a fee and a royalty is superior to using either alone. However, for the case of horizontal product innovations, using a fee contract is optimal.     

Technology licensing and environmental policy instruments: Price control versus quantity control

This paper analyzes the welfare implications of abatement technology licensing under taxation and emission trading schemes. We demonstrate that a firm with a better abatement technology optimally sells a per-unit royalty license to a competitor under both schemes but offers a higher royalty rate under the latter. The emission trading scheme may outperform the taxation scheme regarding social surplus by inducing more production by the licensor and less production by the licensee. These are reversals of the welfare implications suggested by the literature that adopts a partial equilibrium approach or omits either the market for the advanced technology or the final goods.     

Patent licensing under cost asymmetry among firms

This paper extends Poddar and Sinha's (2010) duopolistic model to an oligopolistic model consisting of three cost differential firms engaging in Cournot competition. The focus of the paper is on the impact of the differences in efficiency among the three firms on the choices of the patentee's optimal licensing contract. By confining the number of licenses to one license only, the paper derives a more comprehensive result than that in Poddar and Sinha (2010). In addition, it shows that the insider patentee may choose pure fixed-fee, mixed or pure royalty licensing regardless of licensing to one or two licensees. This paper also proves that the optimal licensing contract can be either exclusive or non-exclusive, depending upon the relative cost advantage between the two licensees.     

On contract duration of royalty licensing contracts

This paper explores how the choice of royalties and contract duration can be a device to mitigate opportunistic behavior in the presence of asymmetric information. It presents a model where an upstream patent holder with no production capabilities licenses a product innovation, by means of royalty-only contracts, to several downstream firms that produce and market the new product. In a two-period signaling model, the profitability of short-term and long-term contracts is compared, given that the licensees’ costs may be inferred by observation of their output levels. For a sufficiently large difference in production costs, the patentee introduces a series of short-term contracts, rather than a long-term contract for the entire expected lifetime of the innovation. In such a sequence of contracts, both high- and low-cost firms pay the same royalty rate (which is not higher than that of long-term contracts) and reveal their costs in the first licensing period. Thereafter, royalties are smaller (than in the first period) for high-cost firms but larger for low-cost producers so as to increase expected total output and licensing income. Overall, royalties are not time-decreasing, in expected terms, as information evolves from incomplete to complete. This strategy is typically welfare-improving.     

Welfare reducing licensing

In this paper, we characterize situations where licensing a cost reducing innovation to a rival firm using two-part tariff contracts (a fixed fee plus a linear per unit of output royalty) reduces social welfare. We show that it occurs if (i) the firms compete in prices, (ii) the innovation is large enough but not drastic, and (iii) the goods are close enough substitutes. Moreover, we show that, regardless of the type of competition, first, the optimal contract always includes a positive royalty and, second, even drastic innovations are licensed whenever the goods are not homogeneous.     

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。     

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。     

On Patent Licensing in Spatial Competition

We consider the optimal licensing strategy of an outsider patentee as well as an insider patentee in a linear city framework where firms compete in price. We show that offering royalty is best for an outsider patentee for both drastic and non-drastic innovations. For an insider patentee, offering no license is the best when the innovation is drastic, while royalty is optimal when the innovation is non-drastic. The incentive for innovation is higher for an outsider patentee compared to an insider patentee. The overall increase in welfare due to an innovation is the same for both outsider and insider patentees.     

Stackelberg竞争结构中质量提高型创新技术授权和企业兼并

本文基于Stackelberg双头垄断竞争模型,分析比较了质量提高型创新技术拥有企业的技术授权策略和企业兼并。研究结果表明:不论技术拥有企业是市场先行者还是跟随者,其总是偏向于企业兼并,而不会选择固定费用授权方式;如果政府禁止企业的兼并行为,那么当技术拥有企业在市场中是产量跟随者时,其愿意以提成许可方式进行技术授权;从社会福利角度考虑,技术授权可提高社会福利,而企业兼并一般不利于社会福利的提高,只有当创新技术拥有企业是Stackelberg竞争结构中的产量跟随者且其创新规模较大时,企业兼并才可提高社会福利。     

Enhancing Vertical Efficiency Through Horizontal Licensing

This paper examines the role of patent licensing in the age of outsourcing. When firms rely on outsourced inputs, a patent holder’s decision to license has both competitive and supplier pricing effects. By issuing a license, the firm increases competition in the product market. At the same time, the need to make royalty payments “weakens” the firm’s rival, making it more sensitive to supplier pricing. The supplier responds by softening pricing terms, and the firm benefits by siphoning some of these gains via the license fee. Not only can the licensor gain, but all other parties (the licensee, supplier, and consumers) can also benefit. This role of licensing presents additional considerations for regulators shaping patent laws. We thank Michael Crew, John Fellingham, Sharon Oster, David Sappington, Doug Schroeder, and two anonymous referees for helpful comments. Anil Arya acknowledges support from the John J. Gerlach Chair.     

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.