Management of Licensing

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
SECS-P/08
Language
English
Learning objectives
The ever-increasing digitalization of the economy constantly reshapes business models. Licensing business models are being particularly affected by the recent technological evolutions and innovative forms of intellectual property rights' exploitation. The course aims at providing students with such evolutionary scenarios. First, students will learn the basic concepts underlying licensing and about the role of licensing-based business models in the digital economy. Specific focus is made to different industries and areas of applications. Current trends, challenges and opportunities about the evolution of business models in light of digitalisation will be outlined. The course will then focus on actual examples of licensing agreements, so to enable students to learn key competences needed to manage a whole licensing process from the creation/development of Intellectual Property Rights (IPRs) to their exploitation, both from licensor's and licensee's standpoints. Students will thus become familiar with most common licensing schemes with respect to a broad range of industries and IPRs. A further learning outcome is knowledge of typical licensing agreement models, based on the different types of licensed IPRs. In particular students will gain competence and confidence for engaging in international licensing business relationships and be able to understand the negotiation of licensing agreements, gaining knowledge as to due diligence practices in transactions involving Intellectual Property, audits and fiscal aspects as well as marketing, advertising and promoting licensed products.
Expected learning outcomes
Upon completion of the course, students will learn the potential of licensing from the managerial perspective of the business model, and at the same time from a legal standpoint. They will become familiar with different types of IPRs (trademarks, copyright, patents, designs, trade secrets) and how these can be exploited through licensing programs in various industries. They will learn the key structure, rationale and recurrent legal, accounting, and fiscal issues of licensing agreements and protection strategies. Additionally, students will apply knowledge related to running a licensing program, the evaluation of IPRs, and the negotiation of licensing agreements.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Lesson period
Second trimester
The lectures will be held on the Microsoft Teams platform and can be followed either synchronously on the basis of the timetable or asynchronously because they will be recorded and made available to the students on the same platform. Attending lectures is recommended.
Course syllabus
1. PART 1. INTRODUCTION TO LICENSING
1.1. Defining the world of Licensing
1.2. Key Licensing Concepts: IPR and the main application sectors (e.g. media and entertainment, software/video games, fashion, publishing, health, food and drink, etc.).
1.3. Understanding the licensing phenomenon from a commercial and legal point of view.
1.4. Advantages offered by licensing and reasons for its popularity
1.5. History of Licensing

2. PART 2. TECHNOLOGY LICENSING
2.1. Introduction: value creation inside the company, licensing as a valorization strategy
2.2. Focus on involved IPRs: Patents, Trade Secrets, Copyright
2.3. Strategies for technology licensing out
2.4. Non disclosure agreements
2.5. The material transfer agreement
2.6. Memorandum of understanding
2.7. Option agreement
2.8. The license agreement - general aspects and focus on technology transfer
2.9. Non Product Entities and essential patents
2.10. Open Innovation and licensing in

3. PART 3. BRAND LICENSING
3.1. Introduction: the trade mark and its peculiarities,
3.2. The Rise of Brand Licensing and its evolution
3.3. Benefits and risks of brand licensing
3.4. Licensing strategy
3.5. Managing and supporting a licensing program
3.6. Understanding and mitigating the risks
3.7. License agreement - focus on brand licensing
3.8. The future of licensing

4. PART 4. OTHER LICENSING FORMS
4.1. Celebrity Licensing
4.2. Image and Media Licensing
4.3. Design Licensing

5. PART 5. COMPENSATION AND ROYALTY RATES
5.1. Forms of compensation
5.2. Different types of royalty rates
5.3. Average royalty rate
5.4. FRAND rate
5.5. Accounting, auditing and tax considerations

6. PART 6. PROTECTING IP RIGHTS
6.1. Civil and Criminal provisions
6.2. Customs
6.3. Registration of license agreements
Prerequisites for admission
It is recommended that students have a general knowledge of IP rights.
Teaching methods
The lectures will be held on the Microsoft Teams platform and can be followed either synchronously on the basis of the first term timetable or asynchronously because they will be recorded and made available to the students on the same platform. The course is practice oriented and aims at developing skills in running licensing programs.
Learning objectives will be accomplished through jointly:
1. frontal lectures
2. open debates/discussions of specific topics
3. dedicated talks and lectures by experts in the field
Teaching Resources
Attending students

Classes constitute a critical learning experience of this course and there is an expectation that students attend them, in order to be considered "attending students".

1. Textbook: Greg Battersby, Danny Simon, (2018), "Business Of Licensing. The Essential Guide For Monetizing Intellectual Properties", Kent Press, Westport, CT.

Chapters: 1-Defining the world of licensing; 2-History of Licensing (2.1 and 2.1.1, p. 17-36); 4-The license agreement; 5-Compensation and royalty rates; 8-The licensor-licensee relationship; 10 - The retailer's role in LIcensing; 11 - Best Practices for Licensors - 12-Best Prctices for Licensees; 14-Protecting licensing properties; 16-International Intellectual Property Protection; 22-Accounting, auditing and tax consideration; 23-Dealing with infringers and counterfeiters.

Appendices: Appendix-3 Deal Memo; Appendix-4 License Agreement; Appendix-11 Licensing Agent Agreement; Appendix-14 Non-disclosure Agreement.

2. Textbook: Michael Stone (2018), "The Power of Licensing", American Bar Association.

All Chapters

2. In addition to the textbooks, slides will be provided on the Ariel platform

* * *

NON attending students

1. Textbook: Greg Battersby, Danny Simon, (2018), "Business Of Licensing. The Essential Guide For Monetizing Intellectual Properties", Kent Press, Westport, CT.

Chapters: 1-Defining the world of licensing; 2-History of Licensing (2.1 and 2.1.1, p. 17-36); 4-The license agreement; 5-Compensation and royalty rates; 8-The licensor-licensee relationship; 10 - The retailer's role in LIcensing; 11 - Best Practices for Licensors - 12-Best Prctices for Licensees; 14-Protecting licensing properties; 16-International Intellectual Property Protection; 22-Accounting, auditing and tax consideration; 23-Dealing with infringers and counterfeiters.

2. Textbook: Michael Stone (2018), "The Power of Licensing", American Bar Association.

All chapters

3. In addition to the textbooks, slides will be provided on the Ariel platform.
Assessment methods and Criteria
Attending students:
Grades for the course are determined based on a oral exam, and consists of questions relating to the arguments discussed during lectures and discussed in the two textbooks, as well as on the materials uploaded on the Ariel platform.

NON Attending students:
Grades for the course are determined based on a oral exam, and consists of questions relating to the arguments discussed during lectures and discussed in the two textbooks, as well as on the materials uploaded on the Ariel platform.
SECS-P/08 - MANAGEMENT - University credits: 9
Lessons: 60 hours
Professor: Di Bernardo Antonio