The main trends in the development of trade in intellectual...

Main Trends in Trade in Intellectual Property Objects

International trade in intellectual property is carried out in the form of international exchange of licenses.

License is the license of the licensor (the owner of technology or industrial property rights) for the use by the licensee (person or entity acquiring technology or related rights) of an invention, scientific and technological achievement, technical knowledge and production experience , secrets of production, commercial or other information necessary for the organization of production, as well as the trade mark within a certain period for the remuneration stipulated in the license agreement.

There are patent licenses, ie. granting the right to use the patented invention, and non-patent (know-how), granting the right to use scientific and technical achievements.

The volume of rights transferred to the licensee is distinguished:

a) a simple license under which the licensor authorizes the use of the invention, retaining the right to use both independently and to sell similar licenses to third parties (distributed in the mass production and consumption);

b) an exclusive license under which the licensee is granted exclusive rights to use the invention within the limits stipulated in the agreement and the licensor can no longer issue similar under the terms of the license to another persons, but reserves the right to self-use the license (typical for non-serial goods);

c) full license, under which the licensor concedes all the rights to use the scientific and technical achievement during the term of the agreement and refuses to use the license independently ).

In the category of the subject of the transaction, there are licenses for scientific and technical knowledge (inventions and know-how), industrial designs, trademarks and various types services. A variety of international trade in licenses is franchising, , which has become widespread in the last three decades. The term franchising comes from the French franchise (privilege, privilege) and usually means that one company (franchisor) allows another (franchisee) for a fee to use its well-known brand name, methods and methods of organizing production and marketing. The most striking example of a franchise is "McDonald's". It is also called the founder of franchising.

The success story of McDonald's very entertaining and instructive. As is known, the worldwide popularity and popularity of this fast food chain was brought not by the creators of the restaurant McDonald's brothers, but by the small businessman Ray Krok, prior to this landmark meeting engaged in the sale of equipment for the production of milkshakes. Entering the roadside restaurant that McDonald's owned and controlled, sales representative Ray Crock, amazed at how incredibly popular the high-speed service system and the cheapness of hamburgers, caught on with the idea and three weeks later turned to the brothers with an offer to sell their franchises across America.

Ray Crocus needed for this 15 thousand dollars, cash, which he did not have. The bank refused to grant him a loan. Then the determined businessman laid his house and insurance. Further we know: the empire McDonald's now has more than 30 thousand restaurants around the world, and Ray Crock became a billionaire.

Source: URL: myrouble.ru/chto-takoe-franshisa/ #UWetODeOJaQ

Licenses for the use of patents, copyright, trademarks are often accompanied by the transfer of know-how, managerial experience, training obligations for personnel. As part of such transactions, the licensee may obtain the right to make improvements or the manufacture of secondary products, as well as the creation of their own IP assets, which can then be transferred under a license agreement to others.

Licensing agreements, as a rule, are reimbursable. There are several types of license fees: lump-sum payment (carried out in the form of a predetermined amount, regardless of turnover and real profits from the use of the license), periodic deductions in the form of a percentage (share) of profit - royalty (turnover, profits or in the form of a fee per unit ), transfer to the licensor a stake in the company. In practice, combined remuneration methods are often used.

The size of the license fee depends on many factors. Often, the basis for the calculation is the profit earned by the license buyer from its use. At the same time, for a licensee, the cost of a license should not exceed its potential costs for conducting independent research in this area.

The international turnover of trade in patents and licenses is estimated by the size of the royalties received from purchase and sale of licenses. These transactions are reflected in the balance of payments of the country on the account of current invisible transactions in the section "Commercial Services". According to the definition of the IMF, these include the "exchange of payments and receipts between residents and non-residents for the use of intangible, non-productive, non-financial assets and intellectual property rights (such as patents, trademarks, franchises, etc.) on the basis of a contract, as well as for use on the basis of license agreements of objects of intellectual property rights contained in tangible form (audiovisual products, printed publications) .

According to WTO statistics for 2011, the world leader in terms of incoming payments for the sale of IP rights is the US - 103.8 billion dollars. The EU countries account for 93.8 billion dollars, Japan - 29.0 billion dollars. At the same time, participation in the international trade of IP rights of developing countries is growing. In 2011, the Republic of Korea's revenues amounted to $ 4.3 billion, Singapore - $ 2.2 billion, China - $ 830 million. In general, the share of the well-known triad (USA-EU-Japan) accounted for 88% of license revenue (Table 15.3).

Table 15.3. Dynamics of royalties and royalties, $ bln

Country

2007

2009

2010

2011

Export

Total

190

220

245

270

US

82.6

89.8

92.0

103.8

EU (27)

59.6

76.8

85.4

93.8

Japan

23.2

21.7

26.7

29.0

Switzerland

8.9

15.7

16.4

-

Canada

3.5

3.4

3.8

3.9

Republic of Korea

1.7

3.2

3.1

4.3

Singapore

0.8

1.3

1.9

2.2

Australia

0.6

0.7

0.9

0.9

Israel

0.4

0.8

0.8

1.1

China

0.3

0.5

0.8

0.8

Import

EU (27)

76.4

106.8

109.0

116.9

US

25.0

25.2

31.8

34.8

Japan

16.6

16.8

18.8

19.2

Singapore

11.7

15.7

15.9

19.4

Switzerland

0.8

11.6

14.9

-

China

8.1

11.0

13.0

14.6

Republic of Korea

5,1

8.2

9.0

7.3

Canada

8.2

7.2

8.7

9.2

Russia

2.8

4.1

5.0

6.1

Taiwan

2.5

3.4

4.9

5.8

Source: WTO. International Trade Statistics 2012. P. 177. International Trade Statistics 2011. P. 174. International Trade Statistics 2008. P. 188. URL: wto.org/statistics

As for imports, the same EU - 116.9 billion dollars, the USA - 34.8 billion dollars, and Singapore - 19.4 billion dollars are leading by the size of paid royalties. However, their share in world imports is somewhat lower - 80%. The major world importers from developing countries are: Japan - $ 19.2 billion (6.9%), China - $ 14.6 billion (5.6%), Republic of Korea - $ 7.3 billion (3 , 9%), Russia - 6.1 billion dollars (2.2%) (see Table 15.3).

Thus, despite notable progress in the scientific and technological sphere in developing countries, most of the technological exchange continues to be concentrated in the group of developed countries. Thus, in 2011 37.7% of all US royalties were received from EU countries, 10.7 from Japan, 8.9 from Switzerland, and 7.6% from Canada. In turn, 51% of the royalty income of the EU was provided by payments from the countries of the Union, 16.1 - by revenues from the USA, 4.4 - from Switzerland and 3.1% - from Japan.

The importance of the developing countries of Asia is quite significant in the structure of royalties in Japan (China - 10.7%, Thailand - 7.4, Taiwan - 3.9%) and the Republic of Korea (China - 34.2%, India - 3, 7%).

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