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Field-of-use restrictions in licensing agreements

Florian Schuett

International Journal of Industrial Organization, 2012, vol. 30, issue 5, 403-416

Abstract: A widely used clause in license contracts – the field-of-use restriction (FOUR) – precludes licensees from operating outside of the technical field specified. When a technology has several distinct applications, FOUR allow the licensor to divide up his rights and attribute them to the lowest-cost producer in each field of use. This can improve production efficiency. With complex technologies, however, the boundaries of fields of use may be difficult to codify, entailing a risk of licensees' rights overlapping. We explore how this affects the optimal license contract in a moral hazard framework where the licensor's effort determines the probability of overlap. We show that depending on the contracting environment, the license agreement may include output restrictions and non‐linear royalty schemes.

Keywords: Licensing; Usage restrictions; Overlap; Royalties (search for similar items in EconPapers)
JEL-codes: D23 D82 L24 O3 (search for similar items in EconPapers)
Date: 2012
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Citations: View citations in EconPapers (5)

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Working Paper: Field-of-use restrictions in licensing agreements (2007) Downloads
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Persistent link: https://EconPapers.repec.org/RePEc:eee:indorg:v:30:y:2012:i:5:p:403-416

DOI: 10.1016/j.ijindorg.2012.05.001

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International Journal of Industrial Organization is currently edited by P. Bajari, B. Caillaud and N. Gandal

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