Transfer on a commercial basis, an exchange, distribution of "know-how" is carried out, first of all, by the conclusion of license agreements, providing not only transfer of the corresponding documentation, but also and preparation of the personnel, participation of experts in adjustment of production, rendering other technical assistance to the importer.
Thus there is explainable also an increase in values of sizes of a royalty for new high technologies as the advanced knowledge-intensive scientific and technical development promotes (due to use new materialo-and resource-saving technologies) to decrease in cost of production that, respectively, increases standard of profitability with the same mass of profit.
Thus, numerical value of size of a rate of a royalty can be calculated as the profitability work relation (Rents.) and the Licensor's shares in the general profit of the Licensee (to the sum of unit and value of profitability of production and product sales according to the license (1 + Rents.).
By definition of a royalty represents the relation of size of contributions to advantage of the Licensor (the Ave. of l-r to the size of a total cost of production made and realized by the Licensee according to the license (to the price of production, C) that can be expressed by the following formula:
Profitability of industrial production and product sales according to the license can be determined as the relation of size of profit of the Licensee (the Ave. of l-t to cost of production and product sales by the license (C) on a formula:
The license - permission of the licensor to use of the rights of industrial property belonging to it (on the invention, an industrial sample, the trademark, "know-how") which is given out to other person (licensee) under certain conditions. These conditions (the term, volumes, remuneration make contents of the license agreement concluded by them.
A lump-sum payment can be made as single, in a single order, and by installments. Advantage of this type of license remuneration is receiving by the licensor (the owner of the license) of all sum of remuneration in rather short time and without any risk.
(The industrial property includes: inventions, useful models, industrial samples, trademarks, service marks, trade names, instructions on a source, the name of a place of an origin, suppression of unfair competition);
one-time remunerations ("lump-sum payments") - the certain sum of license remuneration which is firmly recorded in agreements determined proceeding from estimates of possible economic effect and the expected profits of the licensee on the basis of use of the license.
Taking into account existence of security documents and possibility of obtaining real advantages before competitors at the expense of patent monopoly we accept the size of a share of the Owner of technology (The licensor in profit of the Licensee in this case of 0,25 or 25%.
If to exclude consumer goods, the rest of the international economic will represent an exchange of technology or in "a pure look" — in the form of knowledge, experience and scientific information, or "substantiated" in materials, cars and the equipment. This part of foreign economic relations represents the extensive sphere of an exchange, which purpose, on the one hand, increase of and technological level of production, from the — receiving profits.
The license agreement can provide transfer of the patent license; complex transfer of several patents and related "know-how"; also the number of license agreements on use of "know-how" without patents for the invention grows. License agreements of the last two types provide besides transfer of technical knowledge rendering by the licensor (the owner the patent of the accompanying engineering services in the organization of license production, and also the corresponding supplies of equipment, initial raw materials, separate knots, etc.
One of the most general ways by which compensation is estimated is "reasonable royalty" which as defines court, have to be paid by the respondent to the patentee as though that originally submitted the voluntary license. Thus experts consider that there are no certain formulas or exact rules according to which patent department or court could make the fair decision on what remuneration is "reasonable".