Методический подход к обоснованию ставки роялти в проектах нефтегазовых компаний

Abstract

Intellectual property (IP) is the result of the creative work of inventors. The implementation of intellectual property and non-property rights is regulated by Russian law. One of the important components of intellectual property (IP) management is its commercialization. It is possible to assess the value of IP through an objective analysis of projects and their parameters, including financial components. Commercialization of IP is carried out through the mechanisms of alienation and disposal by companies of their intellectual assets in order to obtain commercial benefits. One of the ways to dispose of rights is to conclude license agreements on granting the right to use protected intellectual property. The validity of a license agreement depends on the presence in the compensated license agreement of a condition on the amount and procedure for paying remuneration. Payment of remuneration may be provided in the form of one-time payments (lump payment), periodic interest deductions (royalties) or in another form. Payments in the form of royalties are most in the interests of the right holder. The calculation of the royalty rate is methodologically not regulated at the legislative level and is the most controversial issue when concluding license agreements. The development of methodological approaches to determining the royalty rate makes it possible to increase the justification of the costs of project implementation. The article describes the existing methodological approaches to the calculation of a fair royalty rate, analytical tools for determining standard royalty rates, and the values of recommended royalty rates in the oil and gas industry.