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Technology Transfer with Moral Hazard

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Author Info
Choi, Jay Pil (Department of Economics, Columbia University, New York)

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Abstract

This paper develops an incomplete contract model of the licensing relationship that is susceptible to the moral hazard problem. The optimal contractual form of licensing derived in the model generates predictions that seem to be consistent with actual practice. For instance, the introduction of inputs that are not contractible and costly explains the prevalence of royalty contracts in the licensing relationship. Moreover, the model is able to relate the size of the royalty rate to the parameters that represent the environments under which the concerned parties operate. The framework also provides a rigorous evaluation of the recent debate on the issue of technology licensing and competitiveness in the global economy. In addition, the difficulty that the licensor faces in controlling the use of information in the development of related products in the future can also explain the rationale for including grant-back clauses in licensing contracts. Finally, the model can be naturally extended to analyze the choice of a technology holder between direct investment and licensing in an attempt to serve a foreign market.

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File URL: http://www.ihs.ac.at/publications/eco/es-22.pdf
File Format: application/pdf
File Function: First version, 1996
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Publisher Info
Paper provided by Institute for Advanced Studies in its series Economics Series with number 22.

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Length: 32 pages
Date of creation: Jan 1996
Date of revision:
Handle: RePEc:ihs:ihsesp:22

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Related research
Keywords: Licensing; Moral Hazard; Technology Transfer;

Other versions of this item:

Find related papers by JEL classification:
D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
D45 - Microeconomics - - Market Structure and Pricing - - - Rationing; Licensing
L14 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Transactional Relationships; Contracts and Reputation
O34 - Economic Development, Technological Change, and Growth - - Technological Change - - - Intellectual Property Rights

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:

  1. Kamien, Morton I & Tauman, Yair, 1986. "Fees versus Royalties and the Private Value of a Patent," The Quarterly Journal of Economics, MIT Press, vol. 101(3), pages 471-91, August. [Downloadable!] (restricted)
  2. Kim, Linsu & Dahlman, Carl J., 1992. "Technology policy for industrialization: An integrative framework and Korea's experience," Research Policy, Elsevier, vol. 21(5), pages 437-452, October. [Downloadable!] (restricted)
  3. Markusen, James R, 1995. "The Boundaries of Multinational Enterprises and the Theory of International Trade," Journal of Economic Perspectives, American Economic Association, vol. 9(2), pages 169-89, Spring. [Downloadable!] (restricted)
  4. Michael L. Katz & Carl Shapiro, 1985. "On the Licensing of Innovations," RAND Journal of Economics, The RAND Corporation, vol. 16(4), pages 504-520, Winter. [Downloadable!] (restricted)
  5. Cohen, Wesley M & Levinthal, Daniel A, 1989. "Innovation and Learning: The Two Faces of R&D," Economic Journal, Royal Economic Society, vol. 99(397), pages 569-96, September. [Downloadable!] (restricted)
  6. Nancy T. Gallini & Brian D. Wright, 1990. "Technology Transfer under Asymmetric Information," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 147-160, Spring. [Downloadable!] (restricted)
  7. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August. [Downloadable!] (restricted)
    Other versions:
  8. Shapiro, Carl, 1985. "Patent Licensing and R&D Rivalry," American Economic Review, American Economic Association, vol. 75(2), pages 25-30, May. [Downloadable!] (restricted)
  9. Kenneth Arrow, 1962. "Economic Welfare and the Allocation of Resources for Invention," NBER Chapters, in: The Rate and Direction of Inventive Activity: Economic and Social Factors, pages 609-626 National Bureau of Economic Research, Inc. [Downloadable!]
  10. Aghion, Philippe & Tirole, Jean, 1994. "The Management of Innovation," The Quarterly Journal of Economics, MIT Press, vol. 109(4), pages 1185-1209, November. [Downloadable!] (restricted)
  11. Ignatius Horstmann & James R. Markusen, 1987. "Licensing versus Direct Investment: A Model of Internalization by the Multinational Enterprise," Canadian Journal of Economics, Canadian Economics Association, vol. 20(3), pages 464-81, August. [Downloadable!] (restricted)
  12. Rockett, Katharine, 1990. "The quality of licensed technology," International Journal of Industrial Organization, Elsevier, vol. 8(4), pages 559-574, December. [Downloadable!] (restricted)
  13. Nancy T. Gallini & Ralph A. Winter, 1985. "Licensing in the Theory of Innovation," RAND Journal of Economics, The RAND Corporation, vol. 16(2), pages 237-252, Summer. [Downloadable!] (restricted)
  14. Kamien, Morton I., 1992. "Patent licensing," Handbook of Game Theory with Economic Applications, in: R.J. Aumann & S. Hart (ed.), Handbook of Game Theory with Economic Applications, edition 1, volume 1, chapter 11, pages 331-354 Elsevier. [Downloadable!] (restricted)
  15. Ignatius J. Horstmann & James R. Markusen, 1995. "Exploring New Markets: Direct Investment, Contractual Relations and the Multinational Enterprise," NBER Working Papers 5029, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  16. Aghion, Philippe & Tirole, Jean, 1994. "On the Management of Innovation," IDEI Working Papers 36, Institut d'Économie Industrielle (IDEI), Toulouse.
    Other versions:
  17. Bengt Holmstrom, 1982. "Moral Hazard in Teams," Bell Journal of Economics, The RAND Corporation, vol. 13(2), pages 324-340, Autumn. [Downloadable!] (restricted)
Full references

Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Emmanuel Dechenaux & Jerry Thursby & Marie C. Thursby, 2008. "Inventor Moral Hazard in University Licensing: The Role of Contracts," NBER Working Papers 14226, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  2. Marie Thursby & Jerry Thursby & Emmanuel Dechenaux, 2005. "Shirking, Sharing Risk, and Shelving: The Role of University License Contracts," NBER Working Papers 11128, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  3. Sougata Poddar & Uday Bhanu Sinha, 2002. "The Role of Fixed Fee and Royalty in Patent Licensing," Departmental Working Papers wp0211, National University of Singapore, Department of Economics. [Downloadable!]
  4. Mendi, Pedro, 2005. "Contracting for the transfer of technology within multinational corporations: Empirical evidence from Spain," IESE Research Papers D/607, IESE Business School. [Downloadable!]
  5. Pedro Mendi, 2003. "The Structure of Payments in Technology Transfer Contracts: Evidence from Spain," Faculty Working Papers 05/03, School of Economics and Business Administration, University of Navarra. [Downloadable!]
    Other versions:
  6. Nisvan Erkal, 2004. "Optimal Licensing Policy in Differentiated Industries," Department of Economics - Working Papers Series 894, The University of Melbourne. [Downloadable!]
    Other versions:
  7. Eero Lehto & Olavi Lehtoranta, 2006. "How Do Innovations Affect Mergers and Acquisitions—Evidence from Finland?," Journal of Industry, Competition and Trade, Springer, vol. 6(1), pages 5-25, March. [Downloadable!] (restricted)
  8. Langinier, Corinne, 2004. "Using patents to mislead rivals," Staff General Research Papers 11483, Iowa State University, Department of Economics.
    Other versions:
  9. Soo Jeoung Sohn, 2006. "Choosing the partners in the licensing alliance," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 27(4), pages 251-260. [Downloadable!]
  10. Jay Pil Choi, 1999. "A Dynamic Analysis of Licensing: The Boomerang Effect and Grant-Back Clauses," CESifo Working Paper Series CESifo Working Paper No. , CESifo Group Munich. [Downloadable!]
    Other versions:
  11. Sougata Poddar & Uday Bhanu Sinha, 2005. "Patent Licensing from High-Cost Firm to Low-Cost Firm," Departmental Working Papers wp0503, National University of Singapore, Department of Economics. [Downloadable!]
  12. Schuett, Florian, 2008. "Field-of-use restrictions in licensing agreements," MPRA Paper 8534, University Library of Munich, Germany. [Downloadable!]
  13. Pedro Mendi, 2004. "Contractual Implications of International Trade in Tacit Knowledge," Faculty Working Papers 11/04, School of Economics and Business Administration, University of Navarra. [Downloadable!]
    Other versions:
  14. Sougata Poddar & Uday Bhanu Sinha, 2002. "On Patent Licensing in Spatial Competition," Departmental Working Papers wp0212, National University of Singapore, Department of Economics. [Downloadable!]
    Other versions:
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