International trade in licenses. Global technology market: structure and features. Trade in patents and licenses Conducting preliminary negotiations
Licensed trading is the main form of international technology transfer. Its subject is patent and non-patent licenses for the transfer of inventions, technological experience, industrial secrets and commercial knowledge. In most cases, the subject of sale is the rights to use a patented invention abroad. Based on the method of technology transfer, licensing agreements are divided into independent, when technology or technological knowledge is transferred regardless of its material carrier, and accompanying, when a license is granted as part of a broader contract for the supply of technological equipment and the provision of engineering services.
Licenses are sold on the basis of a license agreement, which establishes the type of license (patent, non-patent), the nature and scope of rights to use the technology (simple, exclusive, full), the production scope and territorial boundaries of use of the subject of the license.
A patent license is a document confirming the transfer of the right to use a patent without the corresponding know-how.
A patent-free license is a document confirming the right to use “know-how” without patents for the invention.
A non-exclusive license is a license that leaves the licensor the right to grant licenses for this technology to other licensees in a given territory.
An exclusive license is a license that provides for the licensee's monopoly right to use the technology, and the licensor's refusal to independently use the patented technology and know-how and sell them in a certain territory.
Blanket license - a license granting the licensee exclusive right for the use of a patent or know-how during the term of the agreement, and providing for the licensor’s refusal to independently use the subject of the license during this period.
A license agreement usually provides for the right to freely export licensed products or to partially or completely prohibit it. It also includes a condition that the licensor must provide the licensee with information about improvements that the licensed technology has undergone during the term of the agreement.
License fees are remuneration to the licensor paid by the licensee for the use of the subject of the agreement.
There are several main types of license payments:
Royalty - periodic deductions from the buyer’s income during the agreement period, depending on the amount of profit received from commercial use licenses. Royalties can be set in the form of certain fixed rates as a percentage and paid by the licensee at agreed intervals - annually, quarterly, monthly, by a certain date. They can be calculated based on the volume of profit, the amount of sales, the selling price and usually amount to 3-5%. Higher royalty rates are usually established for the first year of the agreement and for exports of manufactured goods.
A lump sum payment is a one-time payment fixed in the agreement, not related in time to the actual use of the license, but established in advance on the basis of expert assessments. This type of payment is typically used for the supply of equipment packages, where the cost of the technology is included in the cost of the equipment, when the licensee wishes to avoid licensor control over the subsequent use of the technology, when there are concerns about the possibility of transferring periodic payments abroad.
Profit sharing is a deduction in favor of the licensor of a portion of the profit received by the licensee from the commercial use of the subject of the license. Typically, the licensor's participation in the licensee's profits is fixed at up to 30% when providing an exclusive license and 10% when providing a non-exclusive license.
Participation in ownership is the transfer by a licensee to the licensor of a portion of the shares of its enterprises as payment for the granted license. This type of payment is practiced by TNCs seeking to establish control over the ownership of those foreign enterprises that use their technology.
Introduction
1. The concept of licenses, objects of licensed trade
2. Organization of international licensed trade
3. Russia’s place in the international trade in licenses
Conclusion
Introduction In modern conditions, trade in inventions, know-how, industrial designs, models and trademarks on the foreign market is of great importance for the economic development of any state. Often, the export of technology becomes one of the most significant sources of foreign exchange. International trade in licenses is the main form of scientific and technical exchange between countries. An analysis of the world practice of exchanging scientific and technical achievements, inventions, know-how, industrial designs and trademarks between countries indicates that the emergence and development of modern international trade in licenses is based on objective economic factors. Licensed trade plays an increasingly important role with foreign investments and export of science-intensive products. The development of technology exports based on licensing agreements is also facilitated by the construction of complex enterprises abroad. One of the reasons for the rapid development of licensed trade is the significant increase in its profitability. The practice of selling licenses for by-product technological processes and for individual inventions while maintaining a monopoly on the technology for manufacturing the finished product has expanded. As a result of the rapid growth of international trade in licenses and patents and unlicensed know-how, a specific market with its own characteristics and patterns has formed. International trade in licenses and know-how has become an important component of modern world trade, a factor in accelerating international trade turnover. The export of licenses and know-how stimulates the expansion of traditional commodity flows. Technology licensing affects the development of trade in objects capital construction and engineering services. In this regard, the topic of licensed trade is becoming very relevant in the world, and separately for each country, in particular Russia. Our country has enormous scientific potential. However, the lack of sufficient regulations and support for scientific personnel makes it impossible to develop this species trade. Our goal course work- analyze the situation in the license trading market and develop a number of measures to increase the competitiveness of our country in this market. To achieve this goal, it is necessary to solve the following tasks: - consider the concept of “license”, as well as the objects of licensed trade; - consider the structure and content of the license agreement; - identify the main forms of license payments; - assess Russia’s place in the license market; - identify Russia’s problems in the development and sale of technologies and propose a number of measures to eliminate them.1. The concept of licenses, objects of licensed trade The term "license" translated from Latin means permission to perform any actions and in connection with this is used in various fields. In relation to technological exchange, it means permission to use licensed items under certain conditions, which are Fomichev V.I. International trade: Textbook. - M.: INFRA-M. - 2001. - P.201. : - patented inventions; - industrial designs; - trademarks; - know-how, i.e. valuable confidential information that does not enjoy legal protection. Depending on the object, licenses can be divided into patent and non-patent. In addition to patent and non-patent licenses, there are independent (“pure”) and accompanying licenses. Self-licensing involves the transfer of technology or technical developments, regardless of their material carrier. The accompanying licenses are dependent in nature and are provided simultaneously with the conclusion of a contract for the construction of an enterprise, the supply of technological equipment, and the provision of consulting services. An invention is a technical solution that is novel and has significant differences. A technical solution in a broad sense means practical remedy satisfy certain needs. For example, certain methods of treating diseases do not belong to technology in the generally accepted sense, but since they involve the use of some medicinal products in strictly established doses, for a specific time, in compliance with a certain order, then a treatment technique takes place, which in this sense is considered as a technical solution. A technical solution does not necessarily have to be accompanied by a theoretical justification. It is considered new provided that its essence has not been previously disclosed in a given country or abroad to the extent that its implementation became possible. Disclosure of the solution may occur through either publication, demonstration, or open application. In all these cases, it becomes possible to copy the solution, which entails the loss of novelty. Similar homogeneous inventions are called analogues, and the closest one to the proposed new technical solution is called a prototype. Minor differences in a new technical solution do not allow it to be considered an invention, for example, the use of equivalent means (replacing soldering with welding). The rights of the inventor are protected through patents. A patent is a document certifying state recognition technical solution with an invention and assigning to the person to whom it was issued (the patent holder) the exclusive right to the invention Fomichev V.I. International trade: Textbook. - M.: INFRA-M. - 2001. - P.202. . A patent is issued by the state patent office to the inventor or his successor (the right to a service invention usually belongs to the entrepreneur) upon his application, considered in accordance with the procedure established by the legislation of this state. The duration of a patent is also set by national law (usually 15-20 years). The exclusive right of the patent holder is to grant him a monopoly right to use the invention (artificial monopoly). If an invention is used without the owner's permission, he may sue for damages and an injunction against patent infringement. The patent holder has the right to alienate his rights to the invention and grant permission (license) to others to use the patented invention. A patent protects the rights of its owner, as a rule, only in the country where it was issued. But recently, for example in Western Europe, a European patent has been in effect. A patent fee is charged for the issuance of a patent. Thus, when issuing a European patent, it is charged for filing an application, conducting a search, indicating the state in respect of which the application is valid, maintaining the application in force, conducting an examination, issuing a patent, filing an opposition and appeal, for resuming consideration of the application in case of omission by the applicant established deadlines. A filing fee is common in all developed countries, and many countries also charge annual fees during the life of the patent. In most countries, the amount of the annual fee increases as the patent expires. Typically, firms are not limited to one patent for a given invention, but form a block of patents - an “umbrella” that does not allow competitors to penetrate into the technical area where this company is a pioneer Bobrova V. V., Kalvina Yu.I. World economy. Tutorial. - Orenburg: State Educational Institution OSU. - 2004. - P.114.. In modern conditions of intense competition, when the novelty of a product is essential for its successful marketing, patent protection of innovations is very important along with the natural market advantages that exist due to the use of the invention in production. The owner of a patent limits the freedom of activity of his competitors, so he can gain and maintain more advantageous positions in both the domestic and foreign markets. In addition, the presence of a patent stimulates demand, since a reference to a patent is more effective than a simple description. Patents not only serve the function of protecting inventions from use by other companies, but also are a source of continuous information about the latest scientific and technological achievements. With the help of patent funds, you can legally collect specific material on licensed objects, systematically monitor new inventions and analyze scientific and technical research. Almost all large companies have patent funds or use the services of relevant organizations. According to experts, about 80% of the information contained in patents cannot be found in any other source. Patenting, as a rule, is 2-3 years ahead of the introduction of new technology into production, and a patent is a potential license, so constant study of relevant information allows companies to develop a strategy and predict the development of licensed trade. An industrial design is recognized as a new artistic and design solution for a product, which determines its appearance Fomichev V.I. International trade: Textbook. - M.: INFRA-M. - 2001. - P.202.. With the help of an industrial design, a monopoly is established on the form (ornament) of the products of labor. Patents are issued for industrial designs, as well as for inventions. Trademark- this is a designation registered in the prescribed manner that serves to distinguish the goods of some enterprises from similar goods of other enterprises Fomichev V.I. International trade: Textbook. - M.: INFRA-M. - 2001. - P.203.. Trademarks usually have an alphabetic or graphic image. Service marks are used to identify services. Patents for inventions and industrial designs, certificates confirming the registration of trademarks and service marks, protected by the Paris Convention of 1883, belong to industrial property. Industrial property, together with copyrights, forms the concept intellectual property.Copyright applies to any creative work, regardless of the form, purpose and merits of the work (lectures, reports, articles, brochures, books, technical descriptions, operating instructions, illustrations of any kind, drawings, posters, photographs, etc.). This right means that without the consent of the author or his successors, no one can reproduce or in any other way use objects protected by law. Copyright is protected by national laws, and at the international level by the Berne Convention of 1886 and the World Convention of 1952. Along with patent licenses, there are also non-patent licenses for know-how (non-patented scientific and technical achievements and production experience of a confidential nature), the owner of which has a natural monopoly as opposed to the owner of a patented invention. This term was first used in the USA. Literally translated from English, it means know how, which is a contraction of the expression know how to do it. Initially, licensing agreements included terms providing for the transfer to the buyer of technical knowledge and experience as trade secrets of the seller necessary to exercise the right to use the invention. However, with the development of technology, the importance of transmitting this information has become so great that know-how has become an independent object of licensing agreements. In some cases, know-how is an actual invention that is deliberately kept secret and is not patented or is an element of the invention not included in the description; in others, it is directly related to the invention, but in itself is not patentable because it does not meet the requirements established legislation. For example, computer software was and remains non-patentable, like any other mathematical formulas, algorithms, etc. Unlike a patented invention, know-how does not enjoy special legal protection, and therefore the best form of protection of such knowledge is a trade secret. Know-how may include V.M. Kudrov. World Economy: Textbook / V.M. Kudrov. - Moscow: Case. - 2004.: - items - product samples, unpatented industrial designs, machines, instruments, spare parts, tools, devices; - technical documentation - formulas, calculations, drawings, diagrams, unpatented inventions, etc.; - instructions - explanations, relating to the design of production or application of the product, the production process, production skills, practical advice ; information about the organization of work and data that helps in solving economic issues. Thus, the concept of know-how is quite broad, it covers all kinds of technical and other information necessary primarily for the production of any product, and represents a certain economic value. In international In practice, the most common are patent licenses with the simultaneous transfer of know-how and the provision of technical assistance in setting up production. The second place is occupied by licenses for know-how, and only the third place is occupied by purely patent licenses that do not provide for the transfer of know-how. This is explained, in particular, by the fact that at the current level of technological development, the development of most inventions without the provision of know-how, i.e. experience and knowledge that the selling company has is either completely impossible or leads to unproductive expenditure of time and money, therefore know-how is the main object of not only licenses, but also other forms of technology transfer. When concluding contracts, know-how does not apply patent protection, therefore, in this type of licensing agreements, conditions on non-disclosure of know-how both during the validity period of the license agreement and after its expiration are of particular importance. In this regard, sometimes the agreement even stipulates the procedure for familiarizing the licensee's employees with the know-how. The sale of licenses allows you to significantly speed up the process of developing a new market and at least partially reimburse your own research and development costs. Sometimes it is more profitable, instead of supplying finished products, to sell a license for the right to produce them, for example, in cases where problems arise related to the sale of finished products due to insufficient volume of domestic production or entering the foreign market. The development of domestic production can be hampered by many reasons - from a lack of raw materials to the lack of highly qualified personnel and production space. An obstacle to the export of products is often the protectionist policy of the government of the country to which they are expected to be supplied: high customs duties, import quotas, encouraging the import of disassembled products ( with the aim of developing national industry). In all these cases, the sale of licenses is one of the ways to enter the local market, as well as the creation of a branch of an exporting company in a given country. It should be noted that when selling a license, the supply of materials, components and parts for the production of products is usually provided. Thus, licensed trade turns out to be an effective incentive for the sale of its own products. The sale of a license can be a way for the selling company to gain access to the know-how and other achievements of the buying company, since the agreements usually contain a clause on the mutual exchange of improvements that will be made in the product or technology during the validity period of the license contract. Main conclusions from the first chapter: - objects of licensed trade include inventions, industrial designs, trademarks and know-how;- distinguish between patent and non-patent licenses, independent and accompanying.2. Organization of international licensed trade There are three main types licenses: simple, exclusive and complete. When selling a simple license, the seller (licensor) reserves the right to independently use the subject of the license, as well as to provide similar licenses to third parties. Simple licenses are usually granted in the production of consumer goods, where it is difficult to accurately account for the products produced, the need for which is so great that the presence of several buyers (licensees) in the same market does not lead to a conflict of interests. When selling an exclusive license, the licensee is granted exclusive rights to use the licensed object on the terms specified in the agreement. The licensor can no longer provide similar licenses to third parties, but can independently use the subject of the license or sell licenses to third parties on terms that do not contradict the terms of the first agreement. Exclusive licenses are characterized by a maximum narrowing of the territory in which the rights provided for in the agreement can be used. An exclusive license is most often used in international practice. When selling a full license, the licensor is completely deprived of the right to use the licensed object during the term of the agreement. Full licenses are usually sold by small firms. The sale of licenses is carried out through the conclusion of a license agreement. A license agreement is an agreement under which the licensor (seller) grants the licensee (buyer) permission or the right to use the licensed object for a certain fee Fomichev V.I. International trade: Textbook. - M.: INFRA-M. - 2001. - P.204.. In this case, ownership of the subject of the license agreement remains with the licensor, and the licensee receives the right to use it under specific conditions for a certain period. The conclusion of a license agreement is preceded by a complex preparatory work, since the potential buyer has special requirements for the subject of the license, and the seller - for the potential buyer. The main requirements for the subject of the license are Mikhailushkin A.I., Shimko P.D. International Economics. - M.: Higher school. - 2002. - P.156: - high technical level; - industrial development; - patent protection of the object; - “technological package” license, i.e. a set of elements that ensure the attractiveness of the licensed object for the consumer: know-how, supply of equipment, components, spare parts, raw materials, semi-finished products, as well as technical assistance, personnel training, etc., i.e. everything that can speed up the development of technology and establish efficient production. After negotiations, a license agreement is concluded, which has a certain structure, although each agreement is purely individual due to differences in the subjects of agreements, positions of partners, etc. A license agreement usually consists of the following sections Fomichev V .AND. International trade: Textbook. - M.: INFRA-M. - 2001. - P.205-207.:1. Preamble. Contains information about partners, their names and legal addresses.2. Definitions. Definitions of the concepts used in the agreement are given in order to eliminate their divergent interpretation. As a rule, the following terms are defined: method (technological process); products under license; special products that do not fall within the definition of licensed products; technical documentation, necessary for the production of products under license; equipment used to implement technological process, product manufacturing; components; patents (licensor-owned patents and patent applications); know-how necessary and sufficient to master the license; territory (zone of exclusive and non-exclusive right , export zone); start of commercial production (date of manufacture of the first sample or release of the first serial batch of products under license); reporting period (the period of activity of the licensee to fulfill the terms of the license agreement); sales price (product price under license).3. Subject of the agreement. The full name of the subject of the agreement and the name of the license according to the scope of the rights transferred (full, exclusive, simple), as well as patent numbers are indicated. The scope of transferred rights is determined and the conditions for granting a sublicense to third parties are stipulated. If with a full license the licensee is granted all rights without restrictions, then with an exclusive and simple license, the terms of the agreement introduce certain restrictions: territory, period of validity of the scope of use, volume of production and sales of products , in terms of the licensee’s acquisition of equipment, components, raw materials, materials, and the price of products under the license. A sublicense may be granted to third parties by a licensee who has purchased a full or exclusive license, if this possibility is specifically stipulated in the license agreement. Usually, in terms of the scope of rights, a sublicense corresponds to a simple license. The sublicense fee is distributed between the licensee and the licensor.4. Technical documentation. The deadlines for submitting technical documentation for the production of products under a license and the requirements that it must meet are specified. The list of technical documentation is given in the annex to the agreement.5. Territory of the agreement. The territorial boundaries of the license agreement are determined, the countries where the licensee receives the right to produce and sell products under the license are indicated.6. Guarantee and responsibility. Guarantees and responsibilities of the parties on patent legal, technical and production issues, issues of relationship between the parties are determined.7. Payments. The amount of the license fee and the terms of its payment are indicated. Payment for technical assistance and equipment supplies can be made separately.8. Improvements, new patents. The obligations of the parties regarding the procedure for the exchange of improvements are indicated. The exchange can be made either free of charge or for a fee.9. Technical assistance. The conditions and scope of technical assistance are determined.10. Fees and taxes. The issues of payment of fees and taxes related to the conclusion and fulfillment of the terms of the agreement, as well as currency exchange and transfer of payments to the licensor’s account are discussed. 11. Information and reporting. This section is included in the contract in the case where the remuneration is paid in the form of royalties, the terms and conditions for the presentation of accounting data on products produced, sold and used under license, and information on prices are stipulated. Ensuring confidentiality. Obligations to maintain the confidentiality of various types of information received from the partner are fixed. This is especially important when the subject matter of the license contains know-how.13. Dispute resolution. First of all, it is stated that if disputes arise, all measures must be taken to peacefully resolve disagreements. The procedure for resolving disputes with the involvement of arbitration is determined.14. Conditions for the entry into force of the agreement and the procedure for its termination. The validity period, conditions for the entry into force of the agreement, the procedure for terminating the agreement, the consequences of expiration or early termination are indicated.15. Other conditions. The final section specifies which party’s law will be used when considering issues not fully regulated by this agreement. The possibility of assignment of rights, transfer of rights during the reorganization of one of the parties is indicated. License payments (license price) are divided into periodic (royalties) and one-time (lump sum). Periodic payments (royalties) are deductions from the buyer’s income during the period of validity of the agreement, i.e. e. the amount of remuneration depending on the economic effect of using the license. The price of the license in this case is determined by the formula: (1) where Vi is the volume of production in the i-th year; Z i-- price units of production in the i-th year; Pi - the amount of royalty in the i-th year; T - the estimated duration of the agreement (without taking into account the period of development of the license). With periodic payments, the licensor's share in the licensee's profit is determined by the amount of deductions from the cost of a unit of production produced under license. The licensee pays periodic payments to the licensor annually during the license agreement, starting from the moment the finished product is released. Unlike a lump sum payment, with periodic deductions, the licensor can receive the full share of the profit due to it. The share of profit varies depending on the type of license: 10% for a simple license, 20% for an exclusive license, 30--35% for a full license. Information about the amount of profit and sales volumes is contained in the financial statements of companies, which are published and, therefore, can controlled by the licensor. A periodic form of payments is used in 90% of licensing agreements. Due to the possibility of changes in product market conditions or production conditions during the term of the licensing agreement, differentiated royalty rates are sometimes used. This depends on fluctuations in world prices, changes in production volumes, etc. Differentiation of rates is used to encourage the licensee to expand production by reducing the percentage of deductions. One-time (lump-sum) payments are not time-bound with the use of the license, but are established in advance based on expert assessments. A lump sum payment is an amount of remuneration firmly fixed in the licensing agreement, made at a time and not depending on the volume of production or sales of licensed products. It is determined based on estimated profits and represents the average amount of royalties that the licensor expects to receive over the life of the licensing agreement, without taking into account market price fluctuations. Lump sum payments can be made by transferring part securities licensee or counter transfer of technical documentation. When transferring part of the licensee's securities (stocks, bonds), the licensor seeks to establish control over the licensee's production activities. Typically, the licensor receives from 5 to 20% of the shares, and sometimes more. Counter transfer of technical documentation is used in cross-licensing and involves the mutual exchange of licenses, technological knowledge and experience. The lump-sum form of payments is used most often in cases where the licensor is not able to control the activities of the partner under the license agreement, i.e. cannot verify his actual profits. A lump sum payment can be paid in installments over a specified period. With the lump-sum form, there is no risk in case of production disruption, but the size of the payment, as a rule, is always less than payments in the form of royalties. In practice, combined payments are often used, that is, when one-time payments are combined with periodic deductions. A one-time initial payment is usually paid before commercial use of the licensed object and allows the licensor to compensate for the costs of R&D and preparation of the license proposal. In case of unsuccessful operation of the licensed object, sometimes agreements provide for minimum guaranteed payments in a fixed amount, regardless of the state of production and sales of products. With a minimum guaranteed payment for the licensor, the risk of not receiving remuneration for the license is reduced. License payments on a compensatory basis are widely used. In this case, payment of the license fee is made in the form of delivery of products manufactured under the license. Equivalent license exchanges are often used, i.e. cross. Recently, a form of licensing remuneration is also the provision to the licensor of a share of the shares of the company that purchased the license. Main conclusions from the second chapter: - there are three main types of licenses: simple, exclusive and full; - the sale of licenses is carried out through the conclusion of a license agreement, which has its own individual structure; - license payments (license price) are divided into periodic (royalties) and one-time (lump sum), but in practice combined payments are often used.3. Russia's place in the international trade in licenses The most important indicators characterizing the scientific resources of individual countries and groups of countries are: the share of expenditures on research and development work (R&D) in GDP; R&D expenditures per capita; share of budget allocations for R&D in total state budget expenditures; the number of specialists employed in science and scientific services (including relative to the population of a given country); number of international prizes (primarily Nobel) for outstanding scientific achievements; share of science-intensive products in GDP and industrial output; the country's share in the global high-tech market. However, in many indicators Russia lags behind world leaders (see Table 1). Table 1World leaders in terms of scientific potentialIndicator | ||
Gross domestic R&D costs (% of GDP) | ||
Expenditures of enterprises on R&D (as a percentage of GDP) | ||
Venture capital (% of GDP) | United Kingdom | |
Triadic families of patents* (per 1 million people) | ||
Average annual growth in the number of patents (1995-2005) | ||
Publications of scientific articles (per 1 million people) | Switzerland | |
Share of enterprises producing innovative products (% of the total number of enterprises) | Iceland | |
Share of enterprises collaborating with research organizations (% of the total number of enterprises) | ||
R&D in institutions higher education and public sector financed by private business | ||
Share of people employed in science and technology (% of total number of employees) | ||
Share of employees - university graduates (% of the total number of employees) | ||
Persons aged 25 to 64 years with higher education (% of population) |
Russia is on a par with European countries in terms of the level of import of new technologies, machinery and equipment. In terms of our ability to consume, we are on par with the West, but in terms of our ability to produce, we are still far behind... Our own productive forces are practically not developing - only 10% of the total investment goes to R&D in Russia, while in Germany - more than 50% , in Finland - about 70%, in France - more than 90% of all investments in innovation. The situation is opposite with investments of an organizational and marketing nature - their share is on average 2.5-3 times higher than in Europe (see Figure 1).
This indicates obvious distortions in the economy - the emphasis is not on the creation of new technologies, but on their promotion to the market and consumption.
Rice. 1 Structure of costs for technological innovation in industry by type of innovation activity
In the future, the OECD predicts worsening problems for Russia. The recommendations, of course, are of a general nature: to redistribute responsibilities within the innovation system so that it is more consistent with a modern - dynamic and open - market economy; stimulate private business investment; improve infrastructure for commercialization of developments; strengthen the integration of science and higher education institutions, etc.
To begin with, it would not hurt to establish clearer statistics. OECD experts remind that today, indicators based on innovation research are only averages that are suitable for general comparisons, but not for guiding policy-making. Meanwhile, such averaging does not allow us to evaluate and use the diversity of innovation schemes in specific industries and enterprises. Therefore, it is necessary to introduce more complex indicators based on microdata.
For example, in Russia, to assess the innovative activity of industrial sectors, an indicator is used such as the share of enterprises (in the total number of enterprises in a given industry) that have carried out innovative activities over the past three years. However, this indicator, widely used in statistical and analytical studies, does not allow one to judge the scale of innovation activity at enterprises in the industry, since it is calculated without taking into account production volumes and innovative activity of enterprises.
One of the main reasons for Russia’s loss of position in the global and domestic markets of high-tech products and the associated collapse in investment in science was the lack public policy in the field of intellectual property and innovation in the field of high technologies.
The Russian Federation still retains a unique scientific, technical and educational potential, however, the effectiveness of its practical use is clearly low, since the formation of a national innovation system in a market economy is in the initial stage of development.
The state policy in this area is fragmented and unsystematic, a comprehensive regulatory framework for innovation activity has not been formed, the role of the state in these processes has not been defined, and effective mechanisms for interaction between the state and the business sector have not been created.
About 23 thousand patents are registered in Russia every year, but more than 90% of domestic inventions and know-how remain without patents. Many unpatented ideas are adopted by foreign manufacturers and based on them they create modern technologies, which are then sold to Russia, i.e. “raw knowledge” is exported.
This negative trend can be overcome by adopting the experience of China, which has become the third country in the world after the United States and Japan in the field of innovative technologies.
To overcome negative trends in the development of innovation, it is necessary to take an inventory of intellectual property and change legislation in favor of the authors of scientific and technical developments.
Main conclusions from the third chapter:
Reasons weak positions Russia in the global market for trading licenses is a lack of funding, staff drain, lengthy patenting procedures, gaps in legislation, and low government support.
The problems described in this chapter can be solved by creating interest among domestic enterprises in introducing innovative technologies of their own production, providing investment tax credits, government support for national programs and priority projects, and simplifying the patenting procedure.
Conclusion
In conclusion, it is important to note that in modern conditions, trading licenses on the foreign market is of great importance for the economic development of any state. International trade in licenses is the main form of scientific and technical exchange between countries. International exchange of technology and knowledge allows the country to use the latest developments in various fields of activity, which leads to accelerated economic growth and increased well-being of the entire society.
Main conclusions from this course work:
Objects of licensed trade include inventions, industrial designs, trademarks and know-how;
There are patent and non-patent licenses, independent and accompanying; they also distinguish between simple, exclusive and full licenses;
The sale of licenses is carried out through the conclusion of a license agreement, which has its own individual structure;
The reasons for Russia’s weak position in the global market for trading licenses are the lack of funding, personnel drain, lengthy patenting procedures, gaps in legislation, low government support, but this problem can be solved by creating interest among domestic enterprises in introducing innovative technologies of their own production, providing investment and tax loans, state support for national programs and priority projects, simplification of the patenting procedure.
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These products are designed to meet the individual needs of people and are classified according to different criteria:
- by appointment : clothing, shoes, detergents, furniture, household appliances, personal care products, cosmetics, jewelry, etc.;
- by timing of consumption : non-durable goods and durable goods;
- by nature of demand : goods of everyday mass demand and goods of selective (exclusive) demand.
The global consumer goods market is divided into various segments created by different categories of buyers with unique national and regional needs, traditions, tastes and limits of effective demand. Without appropriate advertising support, successful sale of consumer goods is impossible.
Trade in machinery and equipment. A feature of trade in finished machinery and equipment is that the relationship between the seller and the buyer does not end, as happens with the supply of raw materials, consumer goods, etc. When exporting complex technological equipment, the seller undertakes (if specified in the contract) to carry out installation work for the equipment; training local personnel to operate the equipment; ensure uninterrupted operation of the equipment during the warranty period: ensure regular supply of spare parts and, if provided for, additional agreement, implement maintenance during the post-warranty period.
Export of standard equipment that does not require installation and training of personnel also provides for the continuation of relationships between the parties regarding maintenance during the warranty period and the supply of spare parts for the equipment throughout its entire service life.
Trade of mechanical and technical products in disassembled form(export/import of parts, assemblies, components of a certain product for subsequent assembly of the finished product). This process is intensively developing in the automotive industry (according to experts, the share of disassembled cars is 40-50%).
Compared to selling finished products, disassembled sales have some advantages:
The ability to save on transportation costs (the cost of transporting a disassembled tractor is almost 2.5 times less than the cost of delivering a finished machine);
To take advantage of tariff escalation - in all countries, finished machinery and equipment are subject to higher customs taxes and fees than components and parts for them;
The possibility of exporting (importing) components while banning the importing (exporting) of finished products by national governments (this is how the well-known effective “yellow assembly” arose in trade and economic relations between Japan and the countries of Southeast Asia;
The possibility of creating assembly production abroad and spreading exports to neighboring countries (the governments of many countries encourage the creation of joint ventures on their territory. The creation of a joint venture contributes to the development of national industry, increasing employment, and accelerating scientific and technological progress.
In Ukraine, enterprises operate on disassembled trading terms: in Kremenchug - a joint venture for the production of trucks of the "Daily" and "Eurocargo" models with the Turin company "IVECO", in Simferopol they assemble Russian cars "GAZ - 24, 31", in Zaporozhye - a joint venture with General-Motors, it is planned to create a joint venture with Opel and Mercedes.
Trade in complete equipment. IN last decades The share of supply of complete equipment in the total volume of world exports of machinery and equipment is 10-15%. The market of complete objects represents industrial and other enterprises as a whole, individual workshops, installations, units that create a complete technological complex or its independent part. In the practice of trading complete equipment, the following forms of agreements are used:
Supply of disparate complete equipment:
Construction of facilities on a turnkey basis;
Construction of facilities on a compensation basis;
Construction of facilities on the terms “for finished products”;
Construction of facilities on a “market in hand” basis (sales of products are provided by the supplier, developing marketing activities);
Purchase of complete equipment and construction of facilities on “BOT” terms (abbreviated from English, build, operate, transfer - build, operate, transfer).
Trade in intellectual work products. International trade in patents, licenses and engineering services creates a specific segment of the global services market, in which not standard types of services (transport, intermediary, financial, etc.) are sold and purchased, but scientific and technical knowledge resulting from research and development works (R&D) and their industrial development. The goods are products of intellectual labor that have not only scientific but also commercial value and are implemented in the form of patents, trademarks, industrial designs, and various documentation (technical, design, commercial, marketing).
Trade in patents and licenses. The emergence of transactions for the purchase and sale of patents and licenses has led to patent law, i.e. right of exclusive use. Patent an invention certificate is a document issued by a competent government agency to an inventor or organization, certifying the monopoly right to use the invention of its countries, which is granted to the owners of other types of industrial property by the owner. Similar monopoly rights are patent legislation (trademark, industrial design, company name, etc.).
License- this is permission to use the technology of an invention, industrial design, trademark, etc., provided on the basis of a license agreement. The parties to the agreement are the licensor (seller, exporter) and the licensee (buyer, importer).
The object of the license may be the development of a constructive, technological nature, the composition of a mixture or alloy, a substance, a method of treatment, methods of searching and developing minerals, calculation methods, information of an organizational, financial, managerial nature, both containing inventions and not having them, as well as commodity marks, industrial designs, copyrights. In this case, the subject of the license must have patent purity. Latent purity is a legal property of an object, meaning that it can be used in a given country without violating the exclusive rights of protection documents (patents owned by third parties) in force on its territory.
Invention International practice recognizes a technical solution that has novelty and distinctive features.
Industrial design a new artistic and design solution of a product is recognized, which determines its appearance and characteristics. Patents are issued for industrial designs, as well as for inventions.
Trademark- this is an exceptionally registered designation capable of distinguishing the goods of some legal entities or individuals from similar goods of other persons.
Copyright- this is the exclusive right of the author (or legal successor) of the work to its content and use. Copyright is protected by both national laws and international agreements.
Know-how- English, “I know how.” This term is used to name various “trade secrets”, confidential information, information of a technical, economic, administrative, financial nature, the use of which provides certain advantages to the person or company that received them.
According to legal protection, licenses are divided into patent and non-patent.
To patent licenses are broadly understood to include those whose subject matter has legal protection both in the country of the licensee and in the countries of export established under the license agreement.
Towards non-patent licenses include those that:
Have legal protection in the country of the licensor, but do not have it either in the country of the licensee or in the countries for export under the license agreement;
They don't have legal protection neither in the country of the licensor, nor in the country of the licensee, nor in the country of export (licenses for know-how are always patent-free).
There are ways to pay remuneration for using a license: - lump sum payment; - royalties; - participation in profits; - transfer of securities; - transfer of technical documentation.
Lump sum payment- payment of a fixed amount of license fee. Remuneration in the form of a lump sum payment is the capitalization of the royalty, its early payment and is calculated according to the formula:
where P is the size of the lump sum payment;
Discounted value of possible (planned) royalties year t;
n- validity period of the license agreement;
S, is the annual value of net sales;
V- discount rate.
The license price can also be determined using a simplified formula:
where is the license price;
Volume of production of licensed products in i-th year;
Z i- price of licensed products in i-th year;
R i- royalty amount in i-th year;
T is the validity period of the contract without taking into account the license development period. Royalties are periodic payments to the seller (licensor) for the right to use the subject of the license agreement. The most common method is to determine the rate as a percentage of the cost of sales of the product:
Where R g- royalty rate;
R- annual royalty amount;
S- annual cost of net sales excluding indirect taxes, fees and customs tax.
In modern conditions, about 90% of licensing agreements are concluded using royalties as a form of payment for the use of a license. The royalty rate ranges from 2-19%, and most often it is 3-5%.
Current state of international trade in patents, licenses and know-how
As a result of the rapid growth of international trade in patents and unlicensed know-how, a specific market with its own characteristics and patterns has formed. International trade in patents and know-how has become an important component of modern world trade, a factor in accelerating international trade turnover. The export of patents and know-how stimulates the expansion of traditional commodity flows.
Currently, we can talk about development in geometric progression high technologies, high costs for research work in the world as a whole and an ever-increasing turnover intangible assets enterprises, i.e. knowledge and know-how, the rights to which are secured by patents and distributed through the trade of licenses. At the moment, in every economically developed country, the turnover of trade in licenses is increasing, because everyone understands that the well-being of the country in the future depends on it.
A technical solution in any field of science and technology can be recognized as an invention if it is new, has an inventive step and is industrially applicable. As an invention, it can be protected technical device, substance or method.
An invention is considered new if it is not known from information publicly available in the world on this topic.
An invention has an inventive step if it is not obvious to a specialist in the field.
An invention and utility model are considered industrially applicable if they can be used in industry, agriculture, healthcare, other sectors of the economy or in the social sphere.
A technical solution is recognized and protected as an invention or utility model, provided state registration, on the basis of which federal body executive branch for intellectual property (Rospatent) issues a patent for an invention or utility model.
One of the problems of patenting is determining whether a particular development relates to a technical solution. To successfully complete the patenting procedure, it is important that the materials submitted for examination contain exactly the technical solution, i.e. related to science and technology, describing an objective technical result when used.
Not everything that is invented by man can be recognized as an invention or utility model. For example, a new dance, musical style or new way Organizations for financing enterprises, although they meet the criterion of novelty, cannot be recognized as a technical solution. Also, a technical result is not recognized if it consists only of obtaining this or that information as a result of the use of a mathematical method, a program for an electronic computer, or an algorithm used in it.
Know-how, as a term, appeared in the United States and translated from English means “to know how” - a colloquial abbreviation for the phrase “to know how to do.” A production secret (know-how) can be recognized as any information that has actual or potential commercial value because it is unknown to third parties. In most cases, know-how objects are technical or organizational solutions for which, for one reason or another, the copyright holder does not receive a patent. The reasons for this may vary, including the need to disclose information about the patent after registration. For example, the Coca-Cola company has been protecting the method of producing the drink for more than 100 years with the help of know-how.
The owner of a production secret has the exclusive right to use it, including the sale of such a secret. But if another person lawfully and independently of the owner of the know-how receives information constituting such a secret, then this person acquires an independent exclusive right to this production secret. The exclusive right to a trade secret is valid for an unlimited period, but only as long as the confidentiality of the information constituting its content is maintained. From the moment the confidentiality of the relevant information is lost, the exclusive right to a trade secret is terminated for all right holders.
Required condition To recognize information as trade secrets, there are special measures to protect information. Measures to protect the confidentiality of information should include:
- - list of classified information
- - the procedure for handling classified information and the procedure for monitoring compliance with the procedure for handling
- - the procedure for recording persons who have access to classified information
- - the procedure for applying the “Trade Secret” stamp to material media (documents) containing classified information, indicating the owner of this information
There are fewer barriers and restrictions on the international movement of technology compared to the movement of goods and capital.
Multinational companies prefer to sell new technologies to their foreign affiliates or subsidiaries rather than to independent domestic companies so as not to lose their monopoly rights to these technologies. The implementation of technologies abroad is often accompanied by additional supplies of raw materials, equipment, and semi-finished products, that is, the so-called escort effect is achieved. Often, only by selling new technology abroad can a company gain access to the innovation of a foreign partner it needs on a cross-licensing basis.
The key to achieving a competitive advantage for the national economy is mastering advanced technologies. New technologies have proven the possibility of improving existing products and creating fundamentally new products, such as fiber optics, microelectronics, industrial ceramics, microlasers, composite materials, etc.
According to the theory of evolutionary economics, economic, social and technological development are closely interrelated and influence each other. Therefore, technological development is considered as one of the most important driving forces, determining the trajectory of transformation processes in the economy.
Technological exchange in a broad sense can be understood as almost the entire range of international economic relations, including the purchase and sale of patents and licenses, trade in goods, and the provision of services.
Subject of the global technology market- these are states, universities, firms, non-profit organizations, foundations and individuals(scientists and specialists).
Objects of the global technology market are the results intellectual activity in materialized (equipment, units, tools, technological lines, etc.) and intangible forms (various types of technical documentation, knowledge, experience, etc.).
All high-tech firms in developed countries develop and carefully observe rules of technology transfer that are beneficial to them, which have now acquired the character of a technological strategy. Governments are playing an increasingly active role in technology transfer. The so-called “technology gap” that exists between the United States and Western Europe, Western Europe and Japan, developed and developing countries, including the newly industrialized countries (NICs) and the least developed countries, as well as Russia and other countries of the former socialist camp, may be profitably used (and used by developed countries) for both commercial and political purposes.
So-called “high technology” circulates primarily between industrialized countries. Medium and low technology may be new to markets in developing and newly industrialized countries. The fundamental feature of such an exchange is the acquisition of licenses by firms in developing countries from developed ones and the transfer of relatively simple stages of production by corporations in developed countries to their own branches and offices located in NIS. The only real way for Russia to enter international technological exchange and the technology market is to use the accumulated scientific and technical potential. It is known that he is capable of attracting billions of dollars of investment for the joint commercialization of technologies from the defense complex and a number of civilian ones. Only along this path does it become possible to integrate into the world economy and eliminate the energy and raw material export focus.
The main forms of commercial transfer of information are:
sale of technology in materialized form - machines, units, automatic and electronic equipment, technological lines, etc.;
direct investments and accompanying construction, reconstruction,
Modernization of enterprises, firms, production;
Portfolio investments, including joint ventures, if
accompanied by the flow of investment goods, as well as leasing;
Sale of patents (certifies priority, authorship of the invention);
Sale of licenses for all types of patented industrial property, except trademarks, service marks, etc.;
Sale of licenses for unpatented types of industrial property - know-how, production secrets, technological experience, documents accompanying the transferred equipment and technology, instructions, drawings, diagrams, specifications, technological maps, as well as training of specialists, advisory support, examination and etc. (know-how - technical knowledge and experience that does not have legal protection, and knowledge in other areas);
Joint R&D, scientific and production cooperation;
Engineering.
Commercial forms of technology transfer, both domestic and international, are formalized in the form of an agreement (licensing, scientific and technical cooperation, joint production or purchase and sale agreement).
At the state, interstate and inter-company level, technology transfer and technological exchange are regulated legislative acts national and international legal nature, as well as specific contracts and agreements of the parties (firms, corporations, etc.).
