How much does it cost to invest in a licensing operation?

Salman, Dr. Mohammed HaithamManaging Partner, Middle East Alliance Legal Consultancy

This is one of the most frequent questions while talking about licensing. It is a legitimate curiosity and it is a question that has several answers.

Let’s start saying that generally the remuneration of a licensing agreement is made of two different parts, the minimum guarantee and a variable part linked to the volume of sales of the licensed product, also known as “royalties”.

Why such a contract structure?

Because this structure allows both parties to get great benefits from a successful operation. They will be developing, by signing the licensing agreement, a real partnership to produce a win-win operation.

Which are the benefits of such a structure?

First of all the party that grants the right to use its brand (the licensor) gets a minimum guaranteed and because of this, it can rest assured that the license will be deployed. This lump sum is a sort of insurance policy that covers the risk that the licensee doesn’t go ahead with the project but just acquires the rights for the mere purpose to take out of the market the opportunity that a competitor could go for it.

The licensee shows its real commitment by paying a certain amount of money so it is certain that the license will go ahead at full speed.

Since part of the remuneration is linked to the volume of sales, the licensee can have access to great projects without investing most of its resources and monetary value. Therefore, there will be more than enough budget left to be invested in product development, marketing, and commercial activities to push the product.

On the other hand, the licensee, who is risking his capital, can rest assured that the licensor will be very willing to help.

Since a big part of its turnover is linked to sales (the licensor) will be very helpful in the management of the daily activities and will make any possible effort to help with the approvals, the promotional actions and so on. So, the licensor will do everything he can to help the licensee in developing a successful operation.

How much does it cost?

The real answer is, there is no price list. If you want to buy the big names of the market and you are in a very popular and busy category, for instance, fashion, you can expect deals with big budget. On the other hand, if you are in a métier, maybe a very rich but not very crowded one, it is likely that you can end up with a good deal because the licensor will consider that there are fewer chances to exploit commercially such a sector and it will be more for him to go for an alternative.

Our licensing programs popular?

Licensing is extremely popular and in 2017, according to LIMA, the Global Revenue from Licensed Goods and Services generated US$271.6 Billion.

So, there are thousands of companies involved in licensing, partnering with brands such as Walt Disney, Ferrari, Bentley, Ducati, Procter& Gamble, Pepsi Cola, coca-cola and many others. If the industry is in such good health, it is crystal clear that there must be something good in it, maybe something you have never considered but that it is worth investigating.

Composed and searched by: Sheher Bano