NEGOTIATIONS AND LICENSING

NEGOTIATIONS AND LICENSING

1. Clearly identify the objective of the parties

2. THE TEAM

   • Create a negotiation team

3. NEGOTIATING

4. NEGOTIATING

   • process that allows discussing positions and making decisions

5. THE TEAM

   • create a sufficiently qualified negotiating team

6. the negotiations seek to reach an agreement between the parties

7. THE TERMS

   • Licence Fee
     • Flat rate paid by all licensees
   • Royalties
     • Regla del 25%
   • Minimum Royalty
     • It is based on market forecast or sales expectation
   • Resetting Minimum Royalties
     • Minimum royalty renegotiation agreement

8. HEADS OF AGREEMENT

   • It is essential to reach an agreement in all aspects
   • Heads of Agreement – Licence
     • Parties
     • Start date
     • Duration
     • Nature of licensed IP
     • Work schedule
     • Costs
     • Lump sum/royalties
     • Payment schedule
     • Licence option
     • Option term on licence
     • Right of first refusal
     • Scope of licence
     • Exclusivity
     • Liability
     • Warranty on licensed patents
     • Ownership of IP
     • Ownership of improvements
     • Infringement
     • Termination
     • Choice of law
     • Dispute resolution