NEGOTIATIONS AND LICENSING

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NEGOTIATIONS AND LICENSING
JHAN CARLOS MARTINEZ VILLALBA
Mind Map by JHAN CARLOS MARTINEZ VILLALBA, updated more than 1 year ago
JHAN CARLOS MARTINEZ VILLALBA
Created by JHAN CARLOS MARTINEZ VILLALBA almost 5 years ago
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NEGOTIATIONS AND LICENSING
  1. It is often informal and not completed in a single meeting
    1. Start with a discussion about the main points
      1. Conclude with an agreement
    2. For licensing agreements for more complex technologies
      1. It is not so easy to reach an agreement
      2. The points in these headings should reflect all the essential aspects of the business transaction.
        1. Discussions must be point by point
          1. When all points are agreed, the parties sign a formal contractual agreement
            1. The main point to have in account is that the agreement must provide for the exchange of a bargain to create a executable contract
        2. The contract must fulfill three essential points
          1. Terms of exchange specified for the bargain
            1. Something of value exchanged
              1. Mutual exchange
              2. In the license agreement, the licensor agrees to provide the licensee with the use of his property
                1. In exchange for a fee or royalties
                  1. Everything related to money should be clear and written
                2. The licence fee is a payment that, typically, is separate to royalty payments.
                  1. Normally, royalties are paid in addition to the licence fee
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