The fundamental advantage of this approach, which is perhaps the most widespread, is that the royalty rate can be negotiated without comparative data on how other agreements have been concluded. In fact, it`s almost ideal in a case where there is no precedent. Like other legal commercial agreements, license and license agreements may vary depending on state law. Check with a lawyer who practices in your country for more details. Development costs and risk are not taken into account. The royalty rate is determined by comparing competing or similar technologies in a sector that is modified by considerations relating to the « residual life » of the technology in that sector and by contractual elements such as exclusivity, frontal royalties, restrictions on use, geographical restrictions and the associated « technology package » (mixture of patents, know-how, trademark rights, etc.). Economist J. Gregory Sidak explains that if similar licenses are correctly selected, they « reveal what the licensor and licensee consider to be fair compensation for the use of the patented technology » and thus represent « the most accurate price a licensee would be willing to pay for that technology. » [73] The Federal Circuit has repeatedly confirmed that the comparable market approach is a reliable method of calculating an appropriate royalty. In Great Britain, the resale of a work purchased directly by the artist, then resold within 3 years for a value of less than or less than 10,000 euros, is not affected by the royalty. From an American perspective, foreign publishing includes two basic types of publication – sub-publishing and co-publishing in one or more areas outside the territory of fundamental origin. . . .

Catégories :