NEGOCIATION

NEGOCIATION

1. A negotiation is an interaction effort oriented to generate benefits.It is a process of exchange of information and commitments in which the two or more parties have common interests and others divergent, try to reach an agreement.

   • PREPARING TO NEGOCIATION
     • Whit efective preparation.
     • Gathering the rigth team.
     • Definfinig the guidelines for the process.
     • Honestly influencing and drafting the contract.
   • CLASSIFICATION
     • 1. The deal will conduct due diligence and negotiate the license.
       • Incluide a business development executive.
         • A decision market.
           • A business executive for development.
             • A license lawyer.
               • An expert scientist/technician.
     • 2. Drafting de contract.
       • He party Drafting the contract is always in the more favore position.
     • 3. Deadlines.
       • Establishing preset deadlines for each of the major step important beacause it forces, the other party to reveal is true intentions and interets in the licensing agreement.
     • 4. The term sheet.
       • Term sheet helpful for the parties to exchange a term sheet prior to the inicial negotation meeting.
         • Covers the major issues in a potencial deal the outline for incluiding the license product or process., license fee and royalty technical information and training.
           • The groundwork for open dialog, a nondisclousure agreement can provide security for both parties to maxime information transfer.
     • 5.Inicial team meeting.
       • Is the important that the deal team meet and reach an understading of the business motivation for the deal.
         • Team should identify, assess and prioritise the interests of their client.
   • NEGOCIATION
     • The term of a licensing contract reflect the allocation of risk between the parties of the potential future development marketability of the patented technology.
       • Valuation approaches
         • The cost methoud, the market methond, and the income method, the value of the tecnology using the cost.
       • Exclusivity and field of use
         • License exclusivity refers to whether the licensor has licensed the invention/technology to multiple licensees, whereas the fiel of use is circumstances for which the licensor has granted the license permission to make, use and sell the patented technology.
       • Propietary position
         • Thus a weaker proprietary interes is a rik factor for the future market success of products or services develped using the licensor´s technology.
       • Development stage of invention
         • Commercially viable produt is produced, patented inventions that are in the early.
       • Payment terms
         • There are several forms f payment that licensing parties can negotiate to compensate the licensr for the patented technology.