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The Hidden Economics of Value

In the intricate world of economics, the concepts of cost, price, and value form the foundation of countless transactions and decisions. Yet, in everyday language, these terms are often used interchangeably or in ways that obscure their true economic meanings. This confusion can lead to significant misunderstandings, especially when it comes to evaluating complex assets like intellectual property. Let’s dive into these crucial economic concepts, explore how they differ from common usage, and examine why distinguishing between them is paramount in the realm of intellectual property valuation.

Kapczynski, Amy: The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism, UCLA L. Rev. 970 (2012) 971-1027.

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Posner, Richard A.: Intellectual Property: The Law and Economics Approach, Journal of Economic Perspectives, Vol. 19 No. 2 (2005) 57-73.

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International Chamber of Commerce (ICC): Handbook on Valuation of Intellectual Property Assets, Task force co-Chairs: Paul Bevan, Central Value Worldwide, Spain, Dominika Boehm, Siemens, Germany/United Arab Emirates; Chapter coordinators and lead drafters: Stefan Dittmer, Dentons, Germany; Daniel Eloi, Pris Software, Brazil; Kaushik Gala, Tata Consultancy Services, India; André Jansen, TPA Global, The Netherlands; Dimitris Kouzelis, Intel-Lex, The Netherlands, Greece, Cyprus; Wander Menchik, Embraer, Brazil; Emily Muyaa, IBFD, The Netherlands; Bill Sample, Microsoft, United States; Kristof Van Ael, PwC, Belgium; Margaux Van Respaille, PwC, Belgium; Agustín Vargas Díaz, Vargas Law Abiding Group, Mexico, Paris: 2019.

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The Economic Trinity: Cost, Price, and Value

  • Cost: The Foundation of Production
    In economic terms, cost refers to the resources expended in the production or acquisition of a good or service. This includes not only monetary expenses but also time, labour, and opportunity costs. For a company, costs might encompass raw materials, wages, rent, and even the foregone opportunities of investing resources elsewhere.
    However, in everyday language, people often use “cost” synonymously with “price,” leading to confusion. For instance, someone might say, “The cost of this shirt is $20,” when they actually mean the price. This misuse can obscure the true economic costs involved in producing or acquiring an item.
  • Price: The Market’s Voice
    Price, from an economic standpoint, is the amount of money exchanged for a good or service in a market transaction2. It’s the point where supply meets demand, reflecting both the seller’s willingness to sell and the buyer’s willingness to buy. Prices serve as crucial signals in a market economy, conveying information about scarcity, demand, and value.
    In casual conversation, people might conflate price with value, saying things like, “This painting is priceless,” when they mean it has immense value. This blurring of lines can lead to misunderstandings about the true economic nature of transactions.
  • Value: The Eye of the Beholder
    Value, in economic terms, represents the worth or utility that a good or service provides to an individual or entity – in other words, the future economic benefit for the owner. It’s inherently subjective and can vary greatly from person to person or company to company. Economic value is often measured by what someone is willing to give up to obtain a good or service.
    The everyday use of “value” often mixes elements of price and cost, as in phrases like “good value for money.” While this usage isn’t entirely incorrect, it doesn’t capture the full economic concept of value, which extends beyond monetary considerations.

The Misleading Nature of Everyday Language

The casual interchangeability of cost, price, and value in everyday speech can lead to significant misunderstandings in economic contexts. Let’s explore some common misconceptions:

“It costs too much!”

When someone exclaims that something “costs too much,” they’re usually referring to the price, not the actual cost of production. This conflation can lead to misunderstandings about the economics behind pricing decisions.

“This is overpriced!”

While this statement might seem to be about price, it’s actually a judgment about value. The speaker is asserting that the price exceeds their perceived value of the item.

“That’s not worth the price.”

Again, this statement mixes concepts. It’s comparing price (a market-determined amount) with personal value (a subjective assessment of worth).

These everyday expressions, while seemingly innocuous, can cloud our understanding of the distinct economic concepts at play. This confusion becomes particularly problematic when dealing with complex economic evaluations, such as those involved in intellectual property.

The Crucial Distinction in Intellectual Property Valuation

When it comes to intellectual property (IP), the clear differentiation between cost, price, and value becomes not just important, but critical. IP, by its very nature, is intangible and often unique, making its valuation a complex and nuanced process.

  • Cost in IP: More Than Meets the Eye
    The cost of developing intellectual property can be substantial and multifaceted. It might include research and development expenses, legal fees for patent applications, and the opportunity costs of dedicating resources to IP creation rather than other pursuits. However, these costs may bear little relation to the IP’s ultimate value or market price.
    For instance, a pharmaceutical company might spend billions developing a new drug, but if it proves ineffective or dangerous, its value and price could be zero, despite the enormous costs incurred. Conversely, a relatively inexpensive software innovation could revolutionize an industry, commanding a high price and providing immense value.
  • Price in IP: A Negotiation Minefield
    Pricing intellectual property is notoriously challenging. Unlike physical goods, IP doesn’t have a straightforward supply and demand curve. Its price often emerges from complex negotiations and can vary dramatically based on factors like exclusivity, market potential, and the strategic goals of the parties involved.
    For example, a patent might be sold for a lump sum, licensed for ongoing royalties, or used as leverage in a larger business deal. Each scenario could result in a different “price” for the same piece of IP, highlighting the fluid nature of IP pricing.
  • Value in IP: The Heart of the Matter
    The value of intellectual property is where the distinction becomes most crucial. IP’s value can far exceed both its cost and its price, depending on how it’s utilized. A patent’s value might lie not just in its direct application, but in its ability to block competitors or open new markets.
    Consider the case of a tech startup with a groundbreaking algorithm. The cost of developing the algorithm might be relatively low, and its initial market price (if sold outright) might not be astronomical. However, its value to a major tech company looking to dominate a new market sector could be immense, potentially worth billions in future revenues and market share.

Why Clear Distinction Matters in IP Valuation

The clear distinction between cost, price, and value is not merely an academic exercise but a practical necessity in the world of intellectual property. Let’s explore six key areas where this understanding proves crucial for businesses and investors alike.

  • Accurate Asset Valuation: In the modern knowledge economy, intellectual property often forms the backbone of a company’s worth. Misinterpreting the cost of developing IP as its true value can lead to significant overestimation of a company’s assets. Conversely, failing to recognize the potential value of IP beyond its market price might result in undervaluation, particularly in industries where innovation drives competitive advantage.
  • Strategic Decision Making: The ability to differentiate between cost, price, and value is fundamental to making sound strategic decisions in IP management. A clear understanding allows companies to avoid the pitfall of pursuing high-cost IP development that may not translate to high value. It also enables firms to recognize potentially lucrative opportunities in seemingly low-priced IP acquisitions that could offer substantial long-term value.
  • Negotiation Power: In the complex arena of IP transactions, a nuanced grasp of these economic concepts can significantly bolster negotiation strategies. By understanding the potential value an IP asset holds for different parties, beyond its development cost or current market price, negotiators can craft more compelling arguments and secure more favourable terms. This knowledge empowers companies to maximize the benefits from their IP portfolios in licensing deals, sales, or collaborative ventures.
  • Investment and Funding: For startups and innovative companies, the ability to articulate the value proposition of their IP is often the key to unlocking investment opportunities. By clearly distinguishing the potential value of their IP from its development costs or current market price, these companies can present a more compelling case to investors. This clarity can be the difference between securing crucial funding and missing out on growth opportunities.
  • Legal and Regulatory Compliance: In the realm of intellectual property, adherence to legal and regulatory standards often hinges on a precise understanding of cost, price, and value. This is particularly critical in areas such as transfer pricing, where companies must justify the value assigned to IP assets transferred between international subsidiaries. Misapplication of these concepts can lead to severe legal consequences and financial penalties.
  • Risk Assessment: A clear delineation between cost, price, and value is essential for accurate risk assessment in IP-related ventures. By understanding that the cost of developing an IP asset doesn’t guarantee its market success, companies can make more informed decisions about resource allocation. Similarly, recognizing that market price may not reflect the full potential value of an IP asset allows for more comprehensive risk-reward analyses in investment decisions.

Conclusion: The Imperative of Economic Clarity

In the complex world of intellectual property, the casual interchangeability of cost, price, and value in everyday language can lead to dangerous misconceptions. As we’ve seen, each of these concepts plays a distinct and crucial role in the economic evaluation of IP.

Cost reflects the resources invested in creating or acquiring IP, but it doesn’t necessarily correlate with the IP’s worth. Price represents the amount agreed upon in a market transaction, influenced by numerous factors beyond just cost or value. Value, perhaps the most elusive concept, embodies the potential benefits and utility of the IP, which can vary dramatically depending on who’s utilizing it and how.

For businesses, investors, and policymakers dealing with intellectual property, maintaining clear distinctions between these concepts is not just an academic exercise—it’s a practical necessity. In a world where intangible assets increasingly drive economic growth and innovation, the ability to accurately assess and communicate the cost, price, and value of intellectual property can mean the difference between success and failure.

By resisting the temptation to conflate these terms and instead embracing their distinct economic meanings, we can navigate the complex landscape of intellectual property with greater precision and insight. In doing so, we unlock the true potential of innovation, ensuring that the hidden economics of value in IP are no longer hidden, but clearly understood and leveraged for maximum benefit.

Expert

Editorial Staff