Making a decision to license
demands answering a fundamental question. Is it worth it? Answering
this question fully requires you to think through both the personal and
professional objectives involved.
Several factors are likely to
affect your decision to license or not to license as a business option:
Strategy, capital needs, and core competencies and/or technology.
Strategy
What are your business goals
and how can licensing help you achieve them? Does the product fit with your
business expertise, or maybe you're an individual with no business experience
at all, and all you're looking for is help getting the product to market.
Capital needs
This is usually the primary
reason. While licensing can offer access to cash, it is infrequently a means
of getting rich quick. Superior technologies or products with mass appeal and
demand sometimes override your products ability to get licensed and the
possibility of the product not developing sufficient revenues might curtail
the actual marketing of the project. You have to be reasonable and realistic,
and aware of these elements.
Although there is some variance
from industry, the price of a license generally takes several factors into
consideration. These include;
There are pro's and con's to
licensing like everything else, and like everything else there's give and
take. The following should be considered before deciding:
You lose control of your
property, usually total control for a long time and often forever. Your
involvement with the licensee is reduced. In most cases to the point of no
further involvement at all, except perhaps for some limited consulting.
Finding the right partner is
tough at best, difficult and sometimes non-existent. Expect potential
licensees to use skilled negotiators, leverage and a detached we don't care
attitude. Negotiating a legal binding contract is no place for amateurs.
Protecting your interests is
crucial. It is also very difficult.
But there is also good
news
Licensing is a resource
multiplier. A dynamic licensee can put whole teams of professionals to work on
developing, product service or technology. The licensee can quickly obtain
access to property it currently needs and does not have: to produce or
distribute a product, to perform a profitable service, to advance the goals of
the licensor.
Licensees see things you will
not see. They perceive uses and therefore markets that licensors do not see.
The more markets the more potential.
You may make some money and you
may make it soon. The licensee pays you up front money sometimes, although
probably not as much as you would hope for. They may also agree to a minimum
amount of royalties for some period.
Licensing frees you to do
other things. You could even go back to inventing!
Applications Analysis
Conducting an applications
analysis for potential uses is a very helpful exercise for determining the
real and potential value of the license. It considers;
-
It's robustness; the numbers of
uses to which it may be adopted and potential spin offs.
-
Anticipated target industries
for potential applications.
-
Contacts and assets; vendors,
users, R&D, capability, etc. in certain industries.
-
Rationales for developing the
item... which application if developed stands the greatest chance for
acceptance in the marketplace, versus which would command the most lucrative
market if successful.
Your assessment of the value of
the product, process, or service must also come into consideration. For each
application you must analyze and consider the industry as follows;
-
Concentration of firms
-
Decision making structure
-
Capital Formation
-
Product development patterns
-
Regulatory drivers
-
Life cycles
-
Market buying characteristics
-
Attitude towards sourced new
products
-
Pricing policies and required
ROI
Lastly, no assessment of
business value of the licensor would be complete without attention paid to the
market. The elements to consider;
-
Market size
-
Market expansion
-
Market segmentation
-
Value of market in dollars
-
Market share percentages
-
Buying keys
-
Competition
-
Market trends
-
Pricing requirements and ROI
-
Distribution channels
-
Market entry elements
-
Key selling points and
feature/benefits
While the exercise is
exhaustive, it should and must be adhered to and flushed out. And, even if you
do have all this information available, it still is valid and viable to use
professionals for the actual approaching and negotiating. Doing this homework
just creates more value, leverage, and worth for you in licensing the
product.