Royalty Payments Research Articles

Review on Design and Verification of an Advanced Extensible Interface - 4 Slave Devices

An essential part of a system on a chip (SoC) is not just the components or blocks that it contains, but also how these components and blocks are connected to one another. Advanced Microcontroller Bus Architecture (AMBA) is a system that enables the individual blocks to interact with one another. These protocols have established the de facto standard for 32-bit embedded processors because they are widely documented and may be used without the payment of royalties. High-performance and high-frequency system designs may be designed with the aid of the AMBA AXI 4 protocol. It's ideal for systems that need both large bandwidth and low latency since it enables high-frequency operation without the use of complicated bridges. In addition to being compatible with older versions of the AHB and APB interfaces, it also allows for a wide range of possible configurations for the network's interconnects. Without the need for a bridge, many peripherals may be connected into AMBA-based CPUs via the use of this slave interface. By constructing a wrapper over the AXI4 slave interface, the newly created slave interface may also be used to link non-AMBA-based CPUs to a variety of peripherals. These peripherals include SPI, I2C, and UART, amongst others

Analysis of Dispute Resolution Related to Royalties and Song Copyright (Case Study of Ahmad Dhani's Feud with Once Mekel)

Dewa 19 is a band that was founded in 1986. With the works he has created, Dewa 19 is the best band in Indonesia. But lately there has been controversy because the former vocalist of Dewa 19, namely Once Mekel, performed Dewa 19’s song without permission from Ahmad Dhani (as the founder of the band Dewa 19). In addition, it is alleged that Once Mekel never paid royalties for Dewa 19 songs he performed. The controversy is also caused because there are no clear regulations regarding the collection of royalties and the protection of copyrights for musical works and songs. For Royalty payments there is also an institution whose job is to collect payments collectively to someone who performs a registered song. But until now there has been no clear arrangement regarding the payment. This research uses normative research methods to examine problems by looking at statutory provisions, where normative legal research has characteristics as library research by focusing on Law Number 28 of 2014 concerning Copyright.

Intellectual Property and Royalty Payments Among Foot and Ankle Surgery Fellowship Faculty

Faculty of the American College of Foot and Ankle Surgeons and American Orthopedic Foot and Ankle Society fellowship programs are uniquely positioned to provide advanced clinical and surgical training to fellows. One aspect of this training may include product design and mentorship through the associated intellectual property (IP) and patent timeline. This study describes the payments received and IP held among foot and ankle surgery fellowship faculty. A review of foot and ankle surgeons with royalties or license payments disclosed on the CMS Open Payments Database from 2014 to 2020 was conducted. Members with payments were then cross-referenced with the US Patent Full-Text Database to identify patents held. Fellowship affiliation, practice location, patent office, number of patents, citations, patent h-index, type of patent, and yearly payment values were recorded. Among the 2801 surgeons, 53 fellowship affiliates and 46 nonaffiliates maintained at least 1 patent and royalty/license payment. A total of 576 patents and 19,191 citations were assessed. The median number of patents and citations held by fellowship faculty was 3 and 60, respectively, while the median total payment value reached $165,197.09. Fixation devices comprised most of the patents and citations. Payment value positively correlated with number of patents held (p = .01), citations (p = .007), and patent h-index (p = .01) among fellowship-affiliated surgeons. Foot and ankle surgery fellowship faculty payments for IP are associated with the number and citability of patents held. While a small proportion of faculty were paid for intellectual property, the number of patents held and citations was comparable to other specialties.

Digital assets rights management through smart legal contracts and smart contracts

Intellectual property rights (IPR) management needs to evolve in a digital world where not only companies but also many independent content creators contribute to our culture with their art, music, and videos. In this respect, blockchain has recently emerged as a promising infrastructure, providing a trustworthy and immutable environment through the use of smart contracts, which may enable more agile management of digital rights and streamline royalty payments. However, no widespread consensus has been reached on the ability of this technology to adequately manage and transfer IPR. This paper presents an innovative approach to digital rights management developed within the scope of an international research endeavour co-financed by the European Commission named MediaVerse. The approach proposes the combined usage of smart legal contracts and blockchain smart contracts to take care of the legally binding contractual aspects of IPR and, at the same time, the need for notarization, rights transfer, and royalty payments. The work being conducted represents a contribution to advancing the current literature on IPR management that may lead to an improved and fairer monetization process for content creators as a means of individual empowerment.

Patent hold-out and licensing frictions: Evidence from litigation of standard essential patents

The theory of patent “hold-out” posits that frictions in the market for licensing standard-essential patents (SEPs) provide incentives for prospective licensees to opportunistically delay taking licenses with the goal of avoiding or reducing royalty payments. We construct measures of pre- and in-litigation hold-out from information disclosed in U.S. cases filed 2010–2019. Relying on both SEP and a matched control set of non-SEP disputes, we explore whether frictions in the market for licensing are associated with hold-out. We find some evidence of an association between hold-out and both SEP portfolio size and enforcement uncertainty; however, we find no evidence associating pre- or in-litigation hold-out with the international breadth of SEP rights.

Digitization and the Value of Intermediaries in the Market for News

This short paper presents an economic perspective on factors that shape the market for news in the digital age. Using standard economic concepts of supply, demand, and competition, I offer ways of thinking about the value and impact of search, aggregation, and social networks in the market. I extend these ideas to discuss how royalty payments from platforms to publishers can alter incentives for market participants, with the potential for unintended consequences. The paper synthesizes ideas presented at the 2022 Symposium of the Kernochan Center for Law, Media and the Arts.

Sanofi, Maze link on Pompe disease

Sanofi will license Maze Therapeutics’ developmental compound for Pompe disease, a rare genetic disorder characterized by the weakening of skeletal muscles and the heart. The compound, MZE001, is a small molecule that limits the enzyme responsible for glycogen production. Maze will receive cash and future equity investment totaling $150 million. It’s also eligible for royalty payments and $600 million in milestones.

A conceptual model for FRAND royalty setting

Setting an industry-wide standard is crucial for the interoperability, compatibility, and efficiency of information and communication technologies. To minimize holdup problems, patent holders are often required to ex-ante commit to licensing their technologies under Fair, Reasonable, and Non-Discriminatory (FRAND) terms. Yet, there is little consensus, in both courtrooms and industries, on the exact meaning of FRAND. We propose a new framework that enables a precise distinction: fairness in the distribution of royalty payments among patent users, and reasonableness in setting the size of the compensation to the patent holder, where both the size and the distribution of payments are determined in a non-discriminatory way that ensures similar firms are treated similarly.

Design of the contingent royalty rate as related to the type of investment

This study investigates the design of the royalty rate in a first-price auction across three types of investments: incremental and lumpy with or without an exogenously given intensity. A bidder’s investment cost comprises private information. This, together with the stochastic evolution of the price of the output generated from the auctioned project, precludes the seller from setting the exact dates of investment with the winner. However, the seller can set the royalty rate to equate the winner’s royalty payment with the winner’s information rent so that the winner acts as if to maximize the seller’s revenue. We derive two main conclusions. First, compared with the case in which investment is lumpy with an exogenously given intensity, the seller can set a lower royalty rate on incremental investment because she can collect additional royalty payments from the winner, who has the option to later expand capacity. Second, the impact of output price uncertainty on the optimal royalty rate for the three types of investments exhibits two different patterns. When investment is either incremental or lumpy with an exogenously given intensity, greater output price uncertainty reduces the royalty rate. When investment is lumpy with variable intensity, greater output uncertainty raises the royalty rate. Our results imply that auctioneers may charge differential royalty rates for different types of investments.

Holding company location: a Polish tax perspective

This paper aims to present the size and structure of passive income payments, such as dividends, interest, royalty payments, and fees for intangible services, made by companies domiciled in Poland belonging to a multinational enterprises (MNE) group. The authors formulate a hypothesis that tax jurisdictions offering extensive legal and tax incentives for holding structures, in particular concerning the tax treatment of dividends and other withholding tax payments, are the preferred location of holding companies. A review of the literature and legal sources precedes empirical research. The empirical analysis shows that passive income flows, including dividends, interest, royalties, and fees for intangible services, which constitute the dominant type of payments to holding companies, are directed from Poland primarily to countries with tax and regulatory solutions that are friendly to holding companies, including in particular the so-called intra-EU tax havens, namely Luxembourg, Cyprus, the Netherlands, Malta and Ireland. Real trade with these countries is neither significant nor proportional to the scale of passive income.

ROYALTY PAYMENTS TO THIRD PARTIES FOR THE PURPOSE OF CUSTOMS VALUATION OF IMPORTED GOODS (STUDY OF TAX COURT DECISIONS ON IMPORT DUTIES DISPUTES)

Royalties and license fees in this case are all payments made in connection with, among other things, patent licenses, trademark rights, and copyrights. Costs incurred by importers on royalties must be added to the customs value by the WTO Customs Valuation Agreement. Concerning royalties the problem becomes more complicated when it involves payments to third parties. Legal regulations that do not sufficiently explore this topic often lead to disputes between importers and the government and continue to the court level.
 The aim in this study is to analyze how the customs rules for royalty payments to third parties related to imported goods and how the attitude of judges in determining the customs value of royalty payments on intellectual property related to imported goods.
 In conclusion for customs valuation, royalty payments to third parties are added to the actual or supposed price. It is irrelevant to whom the royalties are paid, what matters is that the buyer is obligated to pay royalties as long as the royalty payments relate to the imported goods in question. Of the two Tax Court Decisions on the Tobacco Blend cut filler import case and the Tax Court Decision on the shoe import case, the court decided to include in the customs value the payment of intellectual property royalties to third parties.

An empirical review of petroleum revenue management and distribution after a decade of oil production and export in Ghana

The discovery of commercial quantities of hydrocarbons in Ghana in 2007 expedited the enactment of various carefully thought-out legal and regulatory frameworks implemented specifically to facilitate the collection and distribution of petroleum revenues. The Petroleum Revenue Management Act, 2011 (Act 815) amended by Act 893, 2015 was enacted to ensure efficient collection and allocation of revenues in a sustainable and transparent manner. This study examines petroleum revenue collection and allocation in commercial production from 2011 to 2020. Content analysis was applied to secondary data sourced from notable institutions such as the Public Interest and Accountability Committee, Bank of Ghana and Ministry of Finance. The information retrieved was then analysed. The study revealed that, within the 10-year period, a total of US$6.55 billion has come to the state, out of which US$6.52 billion has been allocated based on the Petroleum Revenue Management Act (PRMA). The Carried and Participating Interest has been the most significant source of revenue to the state; contributing 58.1% followed by Royalty Payments (25%) and Corporate Income Tax (16.5%). The study concludes that petroleum revenue collection and allocation has largely been done with reference to the PRMA. However, ministerial discretion and lack of a clear-cut definition of the priority areas are sources of abuse to oil revenue management. The study, thus, calls for reforms in the management and use of oil revenues to help ensure long-run benefit and sustainability.

Classroom experiments on technology licensing: Royalty stacking, cross-licensing, and patent pools

The authors present two classroom experiments on technology licensing. The first classroom experiment introduces the concept of royalty stacking. Students learn that noncooperative pricing of royalties for complementary intellectual property rights leads to a double-marginalization effect. Cooperation solves the problem and is welfare-improving. The second classroom experiment introduces students to cross-licensing. It shows that reciprocal royalty payments dampen competition. The classroom experiments stimulate discussions of technology licensing, intellectual property rights, different royalty structures, patent pools, and technology standards. The authors present the experimental procedures and suggest routes for the discussion.

Amnesia as an Adverse Event Associated With Fentanyl: An Analysis of the US Food and Drug Administration Adverse Event Reporting System, 2011-2021.

*Department of Medicine, Soldiers’ Home, Chelsea ‡Massachusetts Department of Public Health, Jamaica Plain, MA †Department of Anesthesiology and Critical Care, University of Pennsylvania School of Medicine, Philadelphia, PA W.A.K.: funded by 1R01NS082309-01A1. Serves as a legal consultant for multiple legal and health care entities. Receives royalty payments Oxford University Press and Elsevier, as well as honoraria from National Institutes of Health study sections. Serves on editorial boards for Neurocritical Care and Journal of Neurosurgical Anesthesiology. Coauthored provisional patent number 17-8261/103241.000816 Trustees of the University of Pennsylvania. The remaining authors have no conflicts of interest to declare. Address correspondence to: Jed A. Barash, MD, Department of Medicine, Soldiers' Home, 91 Crest Avenue, Chelsea, MA 02150; telephone: (617) 884-5660; e-mail: [email protected]

Happy 25th Anniversary, EurJOC!

Happy 25th Anniversary, EurJOC!

ОСОБЛИВОСТІ КОМЕРЦІАЛІЗАЦІЇ СЕЛЕКЦІЙНИХ ДОСЯГНЕНЬ У НАУКОВО-ДОСЛІДНИХ УСТАНОВАХ

The article substantiates that one of the prerequisites of the new development vector of Ukraine is the commercialization of the results of the intellectual activity of scientists. It has been established that the commercialization of intellectual property objects represents the transformation of the results of intellectual activity into a marketable product for the purpose of obtaining profit. In order to identify the state of commercialization of breeding achievements, monitoring and questionnaires of research institutions in the agricultural sector were conducted. It was found that breeding centers use a mixed form of commercialization, that is, they use intellectual property both in their own production and grant non-exclusive licenses to third parties for the right of use. The article establishes that there are the following ways of commercializing objects of intellectual property rights: using them in one’s own production, adding rights to the authorized capital, transferring rights to an object of intellectual property. It has been proven that each of the above methods of commercialization is effective and capable of bringing profits to the owner of the rights in case of their effective use. Taking into account the results of the conducted research, a model for choosing methods of commercialization of intellectual property rights of agricultural research institutions is proposed, which is able to form the basis for making effective management decisions regarding the choice of forms and methods of commercialization of innovative products in certain conditions of the operation of an agricultural research institution. It is noted that, in practice, the transfer of rights to use intangible assets involves the licensor receiving income in the form of royalties and a lump sum payment, with the receipt of which the patent owner covers his expenses for scientific research. It has been proven that with improper organization of control over the payment of royalties, there is a risk of non-payment of such remuneration by the licensees. A clear and transparent approach to the payment of royalties could significantly change the relationship between breeders and seed producers to ensure fair financial settlements, and would provide a new cardinal impetus for the development of domestic breeding.

ОСОБЛИВОСТІ ОРГАНІЗАЦІЇ БУХГАЛТЕРСЬКОГО ОБЛІКУ ТА ОПОДАТКУВАННЯ НЕМАТЕРІАЛЬНИХ АКТИВІВ ПІДПРИЄМСТВА

In the modern conditions, intangible assets as a source of economic benefits act as a way to increase the efficiency of enterprises. Intangible assets are non-monetary assets that do not have a specific material form and are used by the enterprise for the purpose of obtaining economic benefits. The organizational and methodological justification of the essence of accounting and taxation of intangible assets is laid down in the national provision of accounting standards 8 "Intangible assets", which defines the main approaches to defining the concept of intangible assets as accounting objects. Effective use of the company's intangible assets makes it possible to fully realize the goals and objectives, to increase the economic potential of the company. An important condition for the effectiveness of the use of intangible assets is the creation of the necessary information support, reconstruction and systematic updating of the technological base to improve the state of the enterprise, compliance with its own strategy for sustainable technical, organizational and economic development. The basis for posting intangible assets are documents that describe the object or the procedure for its use, as well as documents that confirm certain property rights of the enterprise, that is, any object of intangible assets must exist in an objective form. Amortization of intangible assets consists in the constant write-off of their value in the process of their production use, in order to compensate the costs incurred by the enterprise during their acquisition, and to ensure the formation of sources of acquisition of intangible assets in the future. The work highlights the main features of taxation of intangible assets, the supply of which may be exempt from VAT. In order to avoid the need to calculate and pay VAT when supplying software products to counterparties who are residents of Ukraine, there is only one way – to reclassify the payment for services as a royalty payment. Under the condition, the developer grants the right to use the software product on the basis of a license (sublicense) agreement, while remaining the right holder, therefore, then all received payments in the form of royalties are not subject to VAT.

NFTs for Open-Source and Commercial Software Licensing and Royalties

Software licenses are legal agreements of sale and usage among software developers and clients. Such legal agreements are crucial to effectively manage ownership and protect the rights of involved parties. Today’s software licensing mechanisms are mostly centralized and do not address the ever-increasing issues and complexities of modern software that may include multiple licenses, open-source distribution, rewarding other contributors of external software libraries, and utilizing royalty payments for monetization. As a result, developers have lost confidence in the existing software licensing models, and many software projects are failing due to lack of funding and royalty payments. This paper addresses such issues and complexities by proposing a novel decentralized software licensing system based on Non-Fungible Tokens (NFTs) and blockchain. The proposed licensing system is applicable to both commercial and open-source software. We use NFTs as digital tokens that encapsulate software code and their artifacts by minting them as unique valuable assets that allow developers to store and manage them on a blockchain ledger. With NFTs, developers can register and license their code, monetize it on NFT marketplaces, and earn royalties from other software projects that use their code. We present system architecture, relevant sequence diagrams, and develop aggregation algorithms for Ethereum smart contracts with ERC-1155 NFTs. Furthermore, we perform functional validation of our system and analyze the cost of its adoption. We also analyze the security of the solution and show how its applicability can be generalized and extended. We have made our smart contract code and related testing scripts publicly available on GitHub.

Review of Legal Policy Concerning Payment of Book Royalties in Indonesia Based on Copyright Law

This study aims to find out how the study of legal policy regarding payment of book royalties in Indonesia is based on the Copyright Act, the royalty payment system must of course be through an agreement between the two parties, namely between the publisher and the author of the manuscript. The agreement is made after the manuscript is received and deserves to be published by signing the SPPB (Book Publishing Agreement). The royalty amount for the purchase system is decided by mutual agreement between the publisher and the author. Publishers give royalties to authors in accordance with the general standard, which is 10%, it can be increased or less depending on how famous the author's denomination is and the superiority of the elbow grease produced. document as contained in clause 1 characteristic 1 of collection character 28 of 2014 in reference to document (UUHC) that "Copyright is the incompatible hold together of the originator that arises mechanically supported on declaratory customaries subsequently a elbow grease is accomplished in a touchable configuration without reduction the qualifications in conformation with with the refreshments of regulations and regulations". The refreshments in document be resonant the accomplishment and security of a elbow grease mechanically without continuance certified nailed down pronouncements and are extremely intimately related the continuance of the elbow grease and its originator if a elbow grease has been touchable and has incompatible rights which are dual-laned into economical Rights and conscientious Rights.

AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK

This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise.