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Licensee technological potential and exclusive rights in international licensing: A multilevel model

Author

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  • Preet S Aulakh

    (Schulich School of Business, York University, Toronto, Canada)

  • Marshall S Jiang

    (Goodman School of Business, Brock University, St Catharines, Canada)

  • Sali Li

    (Darla Moore School of Business, University of South Carolina, Columbia, USA)

Abstract

Granting of exclusive rights is an important consideration for firms using licensing as a mode of entry into foreign markets, as exclusive contracts reduce licensors’ flexibility in a given market during the term of the agreement. By granting exclusivity to a licensee with greater technological potential, the exchange partners can increase the potential transactional value of the licensing agreement. At the same time, a licensee with strong technological potential will increase the threat of transactional hazards due to underinvestment and rent appropriation. In this paper, we develop and empirically test a model that evaluates the balancing of transactional value and transaction costs in exclusive licensing. In particular, we identify the conditions under which exclusive contracts are likely to be granted to foreign licensees with strong technological potential. Empirical results from a multilevel model, based on 375 international licensing agreements of US firms in high-technology industries during 1995–2008, show that licensees with a stronger technological potential are more likely to be granted exclusive rights in countries with strong intellectual property rights protection, and in industries with a high rate of technological change; but are less likely to be granted exclusive rights when there is a high degree of overlap between licensor and licensee products.

Suggested Citation

  • Preet S Aulakh & Marshall S Jiang & Sali Li, 2013. "Licensee technological potential and exclusive rights in international licensing: A multilevel model," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 44(7), pages 699-718, September.
    • Handle: RePEc:pal:jintbs:v:44:y:2013:i:7:p:699-718
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    Citations

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    Cited by:

    1. Meschnig, Annika & Dubiel, Anna, 2023. "From formation to performance outcomes: A review and agenda for licensing research," Journal of Business Research, Elsevier, vol. 167(C).
    2. Shen, Huijun & Coreynen, Wim & Huang, Can, 2022. "Exclusive licensing of university technology: The effects of university prestige, technology transfer offices, and academy-industry collaboration," Research Policy, Elsevier, vol. 51(1).
    3. Aleksandra Gregorič & Larissa Rabbiosi & Grazia D. Santangelo, 0. "Diaspora ownership and international technology licensing by emerging market firms," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 0, pages 1-21.
    4. Catalina Martinez & Pluvia Zuniga, 2017. "Contracting for technology transfer: patent licensing and know-how in Brazil," Industry and Innovation, Taylor & Francis Journals, vol. 24(6), pages 659-689, August.
    5. Olena Ivus & Walter G Park & Kamal Saggi, 2023. "Patent protection and the composition of multinational activity: Evidence from US multinational firms," World Scientific Book Chapters, in: Kamal Saggi (ed.), Technology Transfer, Foreign Direct Investment, and the Protection of Intellectual Property in the Global Economy, chapter 14, pages 317-345, World Scientific Publishing Co. Pte. Ltd..
    6. Yang, Le & Huang, Zining, 2023. "Quality-improving licensing of an outside innovator in a mixed Cournot duopoly," Economic Modelling, Elsevier, vol. 126(C).
    7. Aleksandra Gregorič & Larissa Rabbiosi & Grazia D. Santangelo, 2021. "Diaspora ownership and international technology licensing by emerging market firms," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 52(4), pages 671-691, June.
    8. Duplat, Valérie & Coeurderoy, Régis & Hagedoorn, John, 2018. "Contractual governance and the choice of dispute-resolution mechanisms: Evidence on technology licensing," Research Policy, Elsevier, vol. 47(6), pages 1096-1110.
    9. Kim, Young-Choon & Kotha, Reddi & Rhee, Mooweon, 2024. "Do firms with technological capabilities rush in? Evidence from the timing of licensing of Stanford inventions," Journal of Business Research, Elsevier, vol. 178(C).
    10. Zhang, Dongyang & Guo, Rui & He, Xiaodan, 2022. "How does the exclusive license stimulate firm’s subsequent innovation? The role of innovation financial input," Research in International Business and Finance, Elsevier, vol. 60(C).
    11. Messner, Wolfgang, 2024. "Exploring multilevel data with deep learning and XAI: The effect of personal-care advertising spending on subjective happiness," International Business Review, Elsevier, vol. 33(1).
    12. Keith D. Brouthers & Liang Chen & Sali Li & Noman Shaheer, 2022. "Charting new courses to enter foreign markets: Conceptualization, theoretical framework, and research directions on non-traditional entry modes," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 53(9), pages 2088-2115, December.
    13. Hsu, Sean Tsu-Hsiang & Iriyama, Akie & Prescott, John E., 2016. "Lost in Translation or Lost in Your Neighbor's Yard: The Moderating Role of Leverage and Protection Mechanisms for the MNC Subsidiary Technology Sourcing–Performance Relationship," Journal of International Management, Elsevier, vol. 22(1), pages 84-99.
    14. Christian Falaster & Manuel Portugal Ferreira & Dan Li, 2021. "The influence of generalized and arbitrary institutional inefficiencies on the ownership decision in cross-border acquisitions," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 52(9), pages 1724-1749, December.
    15. Zicheng Ma & Liang Wang & Xin Zheng & Jianqi Zhang, 2022. "National Innovation Systems and Global Value Chain Participation: The Role of Entrepreneurship," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 34(2), pages 897-920, April.

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