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Author: Andrea Fosfuri Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The licensing of technology entails a tradeoff: Licensing payments net of transaction costs (revenue effect) must be balanced against the lower price-cost margin and/or reduced market share implied by increased competition (profit dissipation effect) from the licensee. We argue that the presence of multiple technology holders, which compete in the market for technology, changes such a tradeoff and triggers more aggressive licensing behavior. To test our theory, we analyze technology licensing by large chemical firms during the period 1986-96 for 107 chemical products. We find that the rate of technology licensing displays an inverted U-shaped relationship with the number of potential technology suppliers and is negatively related to the licensor's market share and to the degree of technology-specific product differentiation.
Author: Andrea Fosfuri Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The licensing of technology entails a tradeoff: Licensing payments net of transaction costs (revenue effect) must be balanced against the lower price-cost margin and/or reduced market share implied by increased competition (profit dissipation effect) from the licensee. We argue that the presence of multiple technology holders, which compete in the market for technology, changes such a tradeoff and triggers more aggressive licensing behavior. To test our theory, we analyze technology licensing by large chemical firms during the period 1986-96 for 107 chemical products. We find that the rate of technology licensing displays an inverted U-shaped relationship with the number of potential technology suppliers and is negatively related to the licensor's market share and to the degree of technology-specific product differentiation.
Author: Nancy S. Kim Publisher: ISBN: Category : Languages : en Pages : 62
Book Description
Is software licensed or sold? Software licensing occupies a unique position at the intersection of contracts, intellectual property, and commercial law doctrines. The difficulty in analyzing software licensing issues directly results from the sui generis nature of software which leads to the construct of what I refer to as the quot;software licensing dilemmaquot; - if software is sold and not licensed, the licensor's ability to control unauthorized uses of its product is significantly curtailed; on the other hand, if software is licensed and not sold, the licensee's rights under the agreement are unduly restricted. Currently, the use of contract law to evaluate software license agreements is problematic, not because the doctrine is not up to the challenge but because those who use the rhetoric of contracts have tended to impose an artificially static view of what contract law demands - a view which wholly ignores the philosophical objectives underlying contract law. In this Article, I propose adopting a quot;dynamic contractsquot; approach to resolving the software licensing dilemma. A dynamic contracts approach aims to effectuate the intent of the parties while balancing their intent against policy considerations. A determination of the parties' intent would include examining both the nature of the transaction and the terms of the written document or license agreement. This Article argues that the validity of a license grant should not be inextricably tied to the validity of the contract. Contrary to what is suggested by the first sentence of this Article, software transactions are not a binary proposition. While some transactions can clearly be identified as either licensing or sales deals, many (perhaps the vast majority) entail both. The recognition of the independence of license grant provisions exposes the binary proposition of license v. sale as a false dichotomy. In applying a dynamic contracts approach, this Article also addresses several policy considerations relevant to interpreting two often disputed license provisions - the restriction on transferability and the restriction on commercial use.
Author: Robert Goldscheider Publisher: John Wiley & Sons ISBN: 0471423181 Category : Law Languages : en Pages : 528
Book Description
A definitive resource for professionals in licensing and technologymanagement In this comprehensive guide to licensing best practices, esteemedmembers of the Licensing Executives Society International offerin-depth discussion of a broad range of important topics in thefield of licensing, including: * Licensing issues in Europe, Asia, Australia, the Middle East,South Africa, and Latin America * Technology valuation * Technology management consulting * Licensing agreements and strategic partnerships * The expansion of the licensing profession * Patent procedures and protection in Europe * Trade secrets law and intellectual property assets * Issues in copyright, software, and Web sites * Trademarks, trade names, and trade dress * Licensing in the biotechnology industry * Pharmaceutical licensing * University licensing trends * Technology rights that are financial assets and instruments * IC-based corporate carve-outs * Licensing and litigation * ADR
Author: National Research Council Publisher: National Academies Press ISBN: 0309064996 Category : Law Languages : en Pages : 365
Book Description
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
Author: Battersby, Grimes Publisher: Wolters Kluwer ISBN: 1543818641 Category : Languages : en Pages : 496
Book Description
The Licensing Update covers the year's most significant cases and developments in licensing. The annual update identifies critical trends that licensing professionals and practitioners must understand thoroughly in this rapidly evolving area and provides guidance from licensing experts in a variety of areas of specialty. Highlights of the 2020 Edition include fully updated chapters chapters in all of the major licensing topic areas: Updated listing of the top 150 licensors for 2020. See § 1.02. A new section discussing licensee standing to sue and jurisdiction over a licensor. See § 2.04. A completely updated section examining the year in review concerning copyright licensing. See § 3.02. A total rework of the patent licensing chapter to include such topics as: licensing of standard essential patents; controlling where patents are challenged; how explicit language is needed on whether sublicenses survive termination of the primary license; and patent licensing language interpretation. See Chapter 4. In international licensing issues, a critical look at jurisdictions such as Russia, Canada, and the European Union. See Chapter 7. New sections discussing trends in licensing, especially with respect to blockchain and IP enforcement. See Chapter 9. The bankruptcy chapter has been completely rewritten to discuss the Mission Products case. See Chapter 11. Note: Online subscriptions are for three-month periods. Previous Edition: Licensing Update 2019, ISBN 9781543811322¿
Author: Robert Goldscheider Publisher: John Wiley & Sons ISBN: 0471793388 Category : Law Languages : en Pages : 312
Book Description
"The LESI Guide to Licensing Best Practices, to which I was proudto contribute, has found solid acceptance in the internationallicensing community. The new volume of Licensing BestPractices maintains this high standard. It was designed to becomplementary to its predecessor and broadens the scope of thescholarship. Standing alone, Licensing Best Practices is avaluable source of contemporary information. In combination withThe LESI Guide to Licensing Best Practices, we have a veryvaluable source of insights and practical knowledge." —Heinz Goddar Partner Boehmert & Boehmert "Few if any other intellectual property references lay therequired geographic foundation for the scientific, business, andlegal issues presented. Goldscheider and Gordon demonstrate thattech transfer occurs in a global arena. The book lives up to itstitle: Licensing Best Practices." —James E. Malackowski President & CEO, Ocean Tomo, LLCpast president, LES-USA & Canada An invaluable complement to the field's acclaimed book onlicensing best practices Spanning the globe, from Scandinavia to Japan and Mexico toKorea, Licensing Best Practices provides a comprehensive anduser-friendly resource for professionals in licensing andtechnology management. Featuring contributions from some of themost highly regarded LESI professionals, this definitive guideincludes detailed discussions on some of the hottest topics inlicensing, including: Licensing and Technology Transfer to China Software Licensing as a Driver of the Indian Economy Secrets of Successful Dealmaking in Asia Licensing in Scandinavia-Home of Entrepreneurial Inventors,Industrialists, and Philanthropists Global Innovation and Licensing Opportunities on theInternet Energy and Environment Driving Technology and Licensing Licensing Nanotechnology Assuring Royalty Compliance in High Technology Licensing Intellectual Property Allocation Strategies in JointVentures Applications of Game Theory to IP Royalty Negotiations
Author: Daniel Krcmaric Publisher: Cornell University Press ISBN: 1501750232 Category : Political Science Languages : en Pages : 239
Book Description
Abusive leaders are now held accountable for their crimes in a way that was unimaginable just a few decades ago. What are the consequences of this recent push for international justice? In The Justice Dilemma, Daniel Krcmaric explains why the "golden parachute" of exile is no longer an attractive retirement option for oppressive rulers. He argues that this is both a blessing and a curse: leaders culpable for atrocity crimes fight longer civil wars because they lack good exit options, but the threat of international prosecution deters some leaders from committing atrocities in the first place. The Justice Dilemma therefore diagnoses an inherent tension between conflict resolution and atrocity prevention, two of the signature goals of the international community. Krcmaric also sheds light on several important puzzles in world politics. Why do some rulers choose to fight until they are killed or captured? Why not simply save oneself by going into exile? Why do some civil conflicts last so much longer than others? Why has state-sponsored violence against civilians fallen in recent years? While exploring these questions, Krcmaric marshals statistical evidence on patterns of exile, civil war duration, and mass atrocity onset. He also reconstructs the decision-making processes of embattled leaders—including Muammar Gaddafi of Libya, Charles Taylor of Liberia, and Blaise Compaoré of Burkina Faso—to show how contemporary international justice both deters atrocities and prolongs conflicts.
Author: Battersby, Grimes Publisher: Wolters Kluwer ISBN: 1543811329 Category : Law Languages : en Pages : 472
Book Description
Licensing Update 2019 is the definitive one-volume handbook covering the year's most significant cases and developments in licensing. It identifies critical trends that licensing professionals and practitioners must understand thoroughly in this rapidly evolving area. Up-to-date, incisive, analytical, and essential, this valuable manual helps you keep up with the explosive pace of licensing with guidance from licensing experts in their area of specialty. You'll find in-depth insights and valuable analysis on recent developments and important trends of licensing issues from leading practitioners who are experts in their field. Licensing Update 2019 is organized as a handy "quick reference" to help you save time in structuring stronger agreements to protect your licensing interest. You'll get extensive coverage of developments in audit and accounting practices, tax considerations, antitrust concerns and many of the bottom-line issues that you need to address to ensure day-to-day profitability of your license agreements. Note: Online subscriptions are for three-month periods. Previous Edition: Licensing Update 2018, ISBN 9781454899778¿
Author: Andrea Fosfuri
Author: Andrea Fosfuri
Author: Nancy S. Kim
Author: Robert Goldscheider
Author: Walter Gellhorn
Author: National Research Council
Author: Battersby, Grimes
Author: Robert Goldscheider
Author: Daniel Krcmaric
Author: Battersby, Grimes
Author: David V. Pauling