Aspects of the Negotiation Process

Aspects of the Negotiation Process

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2. THE PREPARATION

   • It's de most important phase
   • Identify what is the goal and how can this goal be achieved.
   • Achieving with the discussion and to what extent does it differ or overlap with what one wants to achieve.
   • The lead negotiator would preferably be one who understands the overall business strategy
   • Prepare a summary of the key commercial issues to be covered in the license agreement and the position of the party on each such issue
     • In this case is important to establish the maximum position, and the minimum position.

3. THE DISCUSSION

   • The discussion is characterized by the licensor promoting the merits and the opportunity offered by its technology, and the potential licensee reviewing documentation and information under a confidentiality agreement. The licensee may also set forth his views about the value o f t h e license t o his business and w h y he is interested. This conversation remains general.

4. THE PROPOSING AND BARGAINING

   • The parties are exploring the possible relationship and the principal commercial terms.
   • The negotiator has the power and the chance to explore and to link the issues and so achieve a better outcome