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ROYALTY REPORTS

RoyaltyRange database contains manually gathered and analysed data, so each royalty rate report is a result of deep and thorough analysis. The reports contain more than 50 detailed standardised comparability factors on royalty rates and licensing terms. Each report is supplemented with original unredacted agreements as well as filings and other types of documents the data is gathered from.

Each report contains a detailed analysis of identification of intangibles and legal owner of intangibles, characterisation of the transaction involving intangibles (according to the comparability criteria described in the Section D.2.1. of the final Action 8 report of the BEPS initiative published on 5th of October of 2015), remuneration amount and terms, and also has a functional analysis section, which contains a functional, risk, cost and asset analysis.

Identification of intangibles and legal owner of intangibles

  • Type
  • Licensor, licensee, licensor’s and licensee’s activities
  • Description of object
  • Geographical scope
  • Date of agreement, effective date, cessation date, terms
  • Exclusivity
  • Class of product limitation
  • Restrictions of the use
  • Extent and duration of legal protection
  • Useful life, stage of development
  • Rights to enhancements, revisions and updates
  • Expectation of future benefit

Functional analysis

  • Functions (research and development, marketing, defense and protection, design and quality control)
  • Risks (unsuccessful research and development, unsuccessful marketing, product obsolescence, infringement, product liability)
  • Costs and assets (costs to support the performance of functions, costs when relevant risks come to fruition, compensation to other parties, research and development costs, marketing costs, knowledge of own employees)

Characterisation of the transaction involving intangibles

  • Use of intangibles
  • Transfer of intangibles
  • Rights in intangibles

Remuneration

  • Royalty rate, base
  • Other payments
  • Compensation and other details