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Fee versus Royalty Licensing in Bertrand Competition in the Presence of Trade Barriers

Ching-Chih Tseng

Wen-Jung Liang

Working Paper

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This paper has developed a barbell model to take into account trade barriers in exploring the outside patentee¡¦s optimal licensing policy under Bertrand competition with homogenous product. Four different contracts, royalty and fixed-fee with exclusive or non-exclusive licensing, are taken into consideration. It has been shown that the patentee¡¦s optimal licensing contract depends upon the degree of trade barriers. The focus of the paper is on the local monopoly rent generated by trade barriers. The higher the degree of trade barriers are, the higher will be the local monopoly rent leading to the possibility that fixed-fee licensing is superior to royalty licensing under Bertrand competition, as the degree of trade barriers are high. Several striking results are derived as follows.

First of all, early literature shows that fixed-fee licensing would never superior to royalty licensing for the outside patentee under Bertrand competition. In contrast, by introducing trade barriers, we show that fixed-fee licensing could be superior to royalty licensing for the outside patentee under Bertrand competition, as the degree of trade barriers are high enough irrespective of drastic or non-drastic innovation.

Secondly, early literature shows that the outside patentee always license to one firm under Bertrand competition as the patentee engages in fixed-fee licensing. However, we show in the paper that the outside patentee would license to both firms as the degree of innovation is non-drastic. In addition, as the degree of innovation is drastic, we prove that the outside patentee would license to both firms if the degree of trade barriers are high.

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