Welcome to the RoyaltySource® IP Data Guide

At RoyaltySource®, we maintain a database of intangible property licenses that report a royalty rate. These benchmarks are used in valuation, license negotiations, and transfer pricing assignments. Here in the RoyaltySource IP Data Guide, we will offer some insight, frequently asked questions, and proposed solutions offered over the past 20 years from RoyaltySource.
Questions

  • What type of agreements are included in the RoyaltySource database?
  • Do public companies have to disclose their royalty deals?
  • What is the source of RoyaltySource information?
  • Why are most license agreements dated?
  • Does the database include agreements from around the world?
  • Do all transactions in the database report a royalty rate and what is the definition of Royalty Base?
  • What is a tiered royalty and why is there a tiered royalty structure?
  • What is royalty rate upfront fee?
  • Does RoyaltySource report if the parties to the agreements are related or unrelated?
  • What is the difference in rates/values between exclusive and non-exclusive royalty rates charged in technology/software industries?
  • Can you identify licenses in the database for patented and unpatented technology?
  • Can you use franchise agreements as a guide to gain insight into trademark royalty rates?
  • Does RoyaltySource have general royalty rates industry data?
  • Why RoyaltySource doesn't focus on SIC number but instead on the description of the licensed IP?
  • What is the 25% Rule?
  • How do I perform a RoyaltySource online database search?

    • What is the 25% Rule?
    The royalty payment is a sharing of the success of the product commercialized. Typical sharing is 25% of the operating profit that goes to the Licensor and 75% is kept by the Licensee. You can read more about this by doing an Internet search for the "25% Rule." The reason behind that sharing is that typically the Licensee brings more to the commercialization of the technology such as a complement of assets that the Licensor does not possess. This could include other assets such as trademark, customer base, market channels, other technology etc. and the Licensor should be compensated for the use of those assets. Finally, each of the contract terms has economic value and an impact on the royalty payment. While they are not easily quantifiable, estimates are required to adjust the market comparable royalty rate you select from our data. See Kemmerer, Jonathan E. and Lu, Jack, Profitability and Royalty Rates Across Industries: Some Preliminary Evidence (May 31, 2008). KPMG Global Valuation Institute, November 2012, Available at SSRN: https://ssrn.com/abstract=1141865 and Robert Goldscheider, John Jarosz and Carla Mulhern, Use Of The 25 Per Cent Rule in Valuing IP, 37 les Nouvelles 123 (Dec. 2002) https://www.lesi.org/docs/default-source/ln/lndec2002/use-of-the-25-per-cent-rule-in-valuing-ip.pdf.