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Tuesday, January 18, 2022

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25% Rule

What Is the 25% Rule?

There are two widespread usages of the time period “25% rule”:

  1. The 25% rule is the idea {that a} native authorities’s long-term debt mustn’t exceed 25% of its annual funds. Any debt past this threshold is taken into account extreme and poses a possible threat, because the municipality could have hassle servicing the debt.
  2. The 25% rule additionally refers to a method for figuring out royalties which stipulates {that a} celebration promoting a services or products primarily based on one other celebration’s mental property should pay that celebration a royalty of 25% of the gross profit comprised of the sale, earlier than taxes. The 25% rule additionally generally applies to logos, copyrights, patents, and different types of intellectual property.

Key Takeaways

  • The 25% rule is a heuristic that may confer with both public finance or mental property legislation. 
  • In public finance, the 25% rule prescribes {that a} public entity’s complete debt mustn’t exceed one-quarter of its annual funds.
  • In mental property, the 25% rule suggests the cheap royalty {that a} license ought to pay an mental property holder on income.

Understanding the 25% Rule

In each makes use of of the time period, the 25% rule is extra a matter of customary observe or heuristic (i.e., a rule of thumb), moderately than an absolute or optimum threshold, or a strict authorized requirement.

Within the public finance setting, the 25% rule is a tough guideline for fiscal planning primarily based on the boldness of bondholders and credit standing businesses. Within the mental property area, the 25% rule advanced from the customary charges negotiated between mental property holders and licensees.

25% Rule for Municipal Debt

Native or state governments seeking to fund tasks via municipal bond points should make assumptions concerning the revenues they anticipate to herald, typically via taxation or tasks like toll roads, which in flip will permit them to assist bond funds. If income falls in need of expectations, these municipalities could not be capable of make bond funds, which may trigger them to default on their obligations and harm their credit rating.

Municipal bondholders need to ensure that the issuing authority has the capability to pay, which might be jeopardized by getting too deep in debt. Bondholders are thus cautious about buying bonds from native or state governments which are in violation of the 25% rule.

Tax-exempt private activity bonds—bonds issued by municipalities on behalf of personal or non-profit organizations—even have a 25% rule utilized to the proceeds from the bonds. This rule states that not more than 25% of bond proceeds could also be used for land acquisition.

25% Rule for Mental Property

Patent or trademark homeowners use the 25% rule as a yardstick for outlining an affordable quantity of royalty funds. The rule assumes {that a} licensee ought to retain at most 75% of the income of a patented product provided that s/he took on the majority of the dangers of growing the product and bringing the mental property to the market. The patent proprietor takes the rest as a license royalty.

Setting the worth of mental property is a posh matter. Though royalties are sometimes assessed towards revenues, the 25% rule applies to income. Moreover, the 25% rule doesn’t intently outline what “gross revenue” consists of, which creates ambiguity within the valuation calculation. As a result of it is a easy rule, it doesn’t bear in mind the prices related to advertising and marketing the product. For instance, the holder of a copyright will obtain a 25% royalty, although the celebration doing the promoting normally incurs the price of attracting demand out there via promoting.

Within the 2011 courtroom case of Uniloc USA, Inc. v. Microsoft Corp, the court of appeals for the Federal Circuit dominated that the 25 % rule is probably not used as a place to begin for a patent harm evaluation sure for the courtroom. The appeals courtroom concluded that the rule doesn’t rise to an admissible stage of proof and is probably not relied upon in a patent lawsuit in federal courtroom. Whereas the 25% rule should still be utilized by different events in estimating a proposed patent royalty, it shouldn’t be thought of a authorized mandate.

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