2010
DOI: 10.1002/smj.883
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Exclusivity in licensing alliances: using hostages to support technology commercialization

Abstract: We examine why exclusivity provisions are used in licensing alliances, and when restrictions in licensing scope (e.g., by product or geography) accompany these exclusivity provisions. We find broad support for the proposition that these features are associated with the contractual challenges of allying with licensees when they contribute valuable complementary capabilities toward the commercialization of licensed technologies. Evidence from our data suggests that exclusivity is used as a contractual hostage to… Show more

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Cited by 90 publications
(99 citation statements)
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“…Licensors can restrict the scope of the exclusivity they offer -to specific products or geographies (Somaya et al, 2011) -to mitigate such risks.…”
Section: Formal and Informal Institutionsmentioning
confidence: 99%
“…Licensors can restrict the scope of the exclusivity they offer -to specific products or geographies (Somaya et al, 2011) -to mitigate such risks.…”
Section: Formal and Informal Institutionsmentioning
confidence: 99%
“…Regulatory, normative and cognitive institutional elements already presented in this study formed the category-system, which was the basis of the protocol used for data collection during the interviews, observations and documents. The regulatory elements of the category-system are: alternative suppliers (Williamson, 1985;Hagen and Choe, 1998), hostage (Williamson, 1985;Somaya, Kim and Vonortas, 2010), periodic contract renewal (Williamson, 1985;Bahli and Rivard, 2003), long-term contract (Axelrod, 1984), reputation (Williamson, 1985), pricing model (Lacity and Willcocks, 2001, p. 168) and service level agreement (Cullen and Willcocks, 2003, p. 73); the normative elements are legal norms (Durkheim, 1984) and relational norms (Macneil, 1980); and the cognitive element is the common language (Ge and Voβ, 2009;Khan et al, 2011).…”
Section: Procedures For Data Collection Analysis and Reliabilitymentioning
confidence: 99%
“…For example, exclusivity clauses are especially common when licensees must make technology-specific investments to commercialize the invention they have licensed in. Similarly, when the technology being licensed is at an early stage, the help of the licensor may be more critical for the licensee, so exclusivity can act as a 'hostage' held by the licensee (Somaya, Kim & Vonortas, 2011), restricting the licensor's possibility to license the invention to other parties. Exclusivity restrictions imply some risks for the licensor though, such as the risk that the licensee fails to devote enough resources to ensure its successful commercialization or expropriates the knowledge and develops substitutes.…”
Section: Formal and Informal Institutionsmentioning
confidence: 99%