What are the advantages and disadvantages of licensing?

A: The advantage of a license is that the business that issues the license takes on very little risk and it doesn't have to invest any significant resources. In turn, the licensed enterprise obtains trademarks, patents.

can potentially create a competitive advantage, and the country has also benefited from locally made products.

There are also some glaring drawbacks to this type of entry:

1) The licensor relinquishes control of the product and potential revenue and profits.

2) The licensee may end up being very familiar with patents and trade secrets.

So much so that it becomes a competitor of the enterprise.

3) If the business that granted the license is proven to be one.

Inferior enterprises, the brand image of the company's products will be damaged.

The right to use a license refers to the right of a copyright owner to license others to use the work and receive remuneration in accordance with the law. The use of another person's work shall conclude a license contract with the copyright owner, except where it is a statutory license. The license contract includes the following main elements:

The type of rights that are licensed, such as the right of reproduction, the right of translation, etc.; The right to use is either exclusive or non-exclusive; the geographical scope and duration of the permitted use; standards and methods of payment; liability for breach of contract; Other contents that the parties deem necessary to agree. The right not expressly permitted in the license contract shall not be exercised by the other party without the consent of the copyright owner.

In layman's terms, the right to use the copyright means that you can license the copyright to others for paid or free use, and the right to transfer is to directly transfer your right to others.

Copyrights can be inherited or donated, and non-copyright owners can obtain copyrights through copyright licensing and copyright transfer, in addition to obtaining copyrights through inheritance and donation.

There is an essential difference between the copyright obtained by a non-copyright owner through the license to use the copyright and the transfer of the copyright.

1. For the permitted use of copyright, the non-copyright owner only obtains the right to use the work, and the actual owner of the copyright is still the original copyright owner; In the case of the transfer of copyright, the non-copyright owner obtains all the rights of the copyright property rights enjoyed by the original copyright, and the original copyright owner loses this part of the rights;

2. The licensee of the copyright has no right to file an infringement lawsuit against the infringement of the copyright by others, and the right to sue for infringement is still exercised by the original copyright owner. In the case of a copyright obtained by the transfer of copyright, the original copyright owner loses the right to sue for infringement due to the transfer of rights, and the transferee has the right to file a lawsuit in the people's court for copyright infringement.

Compared with product export, direct investment, the license** has unique advantages:

1) It is the best way to circumvent the restrictions of the importing country and use it as a form of export conversion of products.

2) It can greatly reduce or avoid various risks of international marketing. For example, the grantor's funds do not enter the international market, which reduces the foreign exchange control risk in the recipient's country; Pure licensing of technology use rights, without the political risk of sole proprietorship or joint venture being confiscated and expropriated by the host country; The recipient uses technology to carry out production and marketing activities, so that risks such as market competition and exchange rate fluctuations are transferred to the recipient.

3) It can save high transportation costs and improve the ability to compete.

4) It is conducive to the transfer of special technology. Some important industrial products related to the national economy and people's livelihood of the importing country cannot be invested or exported, and the production and operation of these products can be smoothly set foot in through the license**.

5) Facilitate service enterprises to enter the international market. For example, various types of consulting companies, technical service companies and other enterprises do not manufacture products themselves, and the license** provides convenient conditions for their intangible products (technologies) to enter the international market.

6) Enabling small manufacturing enterprises to also enter the international market. This advantage is particularly important for many manufacturing enterprises in China.

But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing.

What is the definition of copyright licensing?

Copyright licensing refers to the fact that the copyright owner allows others to exercise its copyright under certain conditions on the premise of retaining its identity as the copyright owner. The so-called "certain conditions" include restrictions on the manner, time, and geographical scope of use, in addition to royalties.

What are the characteristics of copyright licensing?

1. The permission to use the copyright does not change the ownership of the copyright.

2. The copyright still belongs to the copyright owner in its entirety, and it will not cause any defects in rights. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise the rights beyond the agreed agreement without authorization, and at the same time, it can only exercise the copyright in the agreed manner in the agreed territory and for the agreed period.

3. The licensee cannot license the rights he enjoys to others without authorization, nor can he prohibit the copyright owner from licensing others to use the same rights in exactly the same way, in the same territory and for the same period, unless the licensee enjoys the exclusive license right with the right of sub-license.

4. The licensee generally cannot file a lawsuit against the infringer in its own name against the infringement of its own rights and interests by a third party, because the licensee is not the subject of copyright, unless the copyright owner licenses the exclusive right of use.

Reminder: Copyright licensing means that the copyright owner allows others to exercise its copyright under certain conditions under certain conditions on the premise of retaining its identity as the copyright owner, and does not change the ownership of the copyright, but you must be cautious when signing a copyright license contract.

There are several common license algorithms.

1.License by quantity, advantages: the number of orders is cheap; Disadvantages: The cost goes up if there are more licenses.

In terms of time, advantages: in general, the license is extremely cheap; Cons: Recurring renewals (annually).

4.One-time buyout, ** higher, but the cost is lower than annual payment after a long period of use.

The different combinations of the above and make up several common algorithms.

The exclusive right is higher than the right to use, one can only be sold once, and the other can be sold multiple times.

The level of licensed exclusivity is higher than that of licensed use.

According to Article 24 of the Copyright Law, the right to use is divided into exclusive right of use and non-exclusive right of use. The exclusive right of use refers to the exclusive and exclusive right of the user to use the work. Even the copyright owner himself cannot use the work for the duration of the contract.

Land ownership is always vested in the state, and individuals are only granted the right to use the land. For example, there are several ways to deal with the land use right after the expiration of 55 years for a 70-year-old house:

1. The land user submits an application for renewal to the land management department, and shall approve it unless it is required to recover it according to the public interest. If the renewal is approved, the land use contract shall be re-signed and the land use fee shall be paid. In this way, your ownership of the property continues.

Of course, except for those that have become dilapidated houses and are forcibly demolished.

2. If the land user does not apply for renewal, the land use right and the above-ground real estate shall be recovered by the state free of charge. Home ownership will naturally disappear.

3. If the land user submits an application for renewal, the state shall recover the land use right free of charge for the snow that has not been approved for renewal according to the law, that is, the snow that needs to be recovered according to the public interest, but for the above-ground real estate, corresponding compensation shall be given according to the residual value at the time of resumption.

In addition, the state may also expropriate the land use rights before they expire, but they shall compensate for the land use rights and real estate that remain in the service life.

1. Ownership, including the right to possess, use, benefit and dispose of, is a complete property right that can be inherited and transferred.

2. The right of use is only a way of exercising a right to a thing, and the user of the right cannot arbitrarily dispose of the thing without the permission of the owner.

Ownership is the right of possession, use, income and disposal of one's property enjoyed by the owner in accordance with the law. It is the dominant force over the purpose, object, means, method and result of productive labor, and it is a kind of property right, so it is also called property ownership. Ownership is the most important and complete right in real rights, which has the characteristics of absoluteness, exclusivity and perpetuity, and includes four rights: possession, use, income and disposal.

The right of usufruct is defined as the right to use property in accordance with the law without changing the essence of it. It is usually exercised by the owner, but may also be transferred to another person in accordance with the law, policy or the owner's wishes. For example, the ownership of China's state property belongs to the People's Republic of China, and state organs, state-owned enterprises, and public institutions have the right to use the state property they operate and manage in accordance with the authorization of the state.

Difference Between Ownership and Usufruction:

1. From the perspective of the relevant principles of ownership in civil law. Complete ownership includes four powers: possession, use, income, and disposal, while the right to use is the right to actually use. The owner and the user are not necessarily the same entity, because through a certain contract, the non-owner can also obtain the right to use, for example, the owner can rent the house to others for use.

Therefore, the right to use the roof of the building can be given to the developer with the consent of all owners.

2. Judging from the relevant clauses of the model text of the commercial housing sales contract. Article 17 of the Model Contract for the Sale and Purchase of Commodity Housing, jointly produced by the State Administration for Industry and Commerce and the Ministry of Construction, clearly requires that the buyer and the seller shall agree on the ownership of the right to use the roof of the building. Then, as long as the developer and the owner can reach an agreement, the developer can obtain the right to use the roof of the building through the agreement of the purchase contract.

BT mode advantages:

1.The BT model is only applicable to the construction of ** infrastructure non-operating projects;

2.The funds used are non-funds, which are financed through investors, and the financing funds can be bank, other financial institutions or private ones, foreign capital or domestic;

3.The BT model is only a new investment and financing model, and the focus of the BT model is on stage B;

4.At the time of handover, the investor does not have the investor to operate after completion and obtain operating income;

5.**Pay the total agreed price of the contract to the investor in pro-rata instalments.

BT mode disadvantages:

1.Risks are high, such as political risks, natural risks, social risks, and technical risks; It is necessary to enhance the ability of risk management, and the biggest risk is whether the debt repayment is in accordance with the contract;

2.It is difficult to determine the safe and reasonable profit and the agreed total price;

3.Do a good job in the project legal person responsibility system, and implement a system of responsibility for the whole process of project fund raising, construction implementation, and asset preservation and appreciation. Strengthen the construction management of the project, reasonably reduce the project cost, reduce the project cost, reduce the financing cost, and obtain a large interest differential income;

4.The appropriate level of profit margin (greater than the comprehensive level of funds) and the limited regulatory investment and value-added exit of funds are reasonable and satisfactory levels, and the greatest security guarantee is the greatest efficiency.

The advantage is that it is easy to maintain, easy to manage, and easy to use, and now it is inseparable from the database.

The advantage is that you used to use paper to remember the accounts, but now you use the database to record, which is convenient to use.

The downside is that it costs money.