• Korea Trade Review
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• v.46 no.6
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• pp.225-238
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• 2021

This study analyzed the recent precedents of the Korean Supreme Court's Royalty and License fee on this issue and presented implications for future taxation of Royalty and License fee and digital content imports related to reproduction rights. If the price related to imported goods and the price not related to them are combined, it is necessary to revise the statutes to supplement the allocation method of royalty and license fee. In addition, if there is an agreement or a back contract for intellectual property rights through the headquarters or branch office other than the trading party, a method of inducing the importer to voluntarily report it when reporting imports should be considered. Whether Royalty and License fee is taxed or not must be determined after examining the various contract details and circumstances of the transaction.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.673-698
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• 2016

This study tries to conduct a systematic analysis on whether adding up the royalties and license fees or not in measuring the taxable amount of tariff. We have confirmed that three main criteria to decide whether it is yes or not are non-inclusion, relatedness and condition of sale. We also have realized that whether satisfying a condition of sale or not depends on license agreement, sales contract, special relationship and so on. Furthermore, we have made case studies of bonded factory, film's domestic distribution, exempt royalty and license fee, price for exclusive use of relevant technology, retroactive application of price change and strict interpretation. Based on the case studies we have derived the following conclusions: First, the royalties and license fees only actually paid to the licensors may be added to taxable amount. Second, the royalties and license fees incurred after the imported goods are made into domestic goods may not be added up. Third, the royalties and license fees paid as a price for use may not be added up. Fourth, the analogical interpretation of relevant codes is not accepted.

• Journal of Digital Convergence
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• v.8 no.1
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• pp.41-53
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• 2010

In this paper, we discuss patent pool and a patent valuation scheme for fair royalty distribution among the patents in a pool. In the knowledge-based economy, intellectual capital-the accumulation of technology and know-how-is recognized as the most important source of company's competitive advantage and economic growth. By providing exclusive rights to patent holders, the patent system aims to encourage innovation-invention & commercialization of new technologies-in order to raise the standard of living. However, drawbacks of patent system, which occur as the number of patents issued increases rapidly and patent ownership is fragmented, may slow down the innovation efforts seriously. A promising solution is the patent pool approach, which was for instance employed by the U.S. congress during World War I to free the airplane manufacturers from the patent tangle by letting them license all the patents for a fee. It is necessary to figure out relative technological contribution of patent for fair distribution of royalty revenues among patent holders. The Rating/Ranking Method seems to fit to that valuation purpose. We examined technology valuation models from various organizations and selected a set of more influential valuation factors which can be incorporated as scoring criteria in the Rating/Ranking Method.