NEGOTIATIONS AND LICENSING

The purpose of any licensing negotiations is for both sides to identify clearly what each wants from the commercial arrangement they intend entering into.
THE TEAM
1. It is unwise to negotiate on your own, as points and issues may arise that you are either unsure of or misinterpret.
2. Decide on who will lead the negotiations and outline the process the team should follow in accepting or rejecting proposals during the negotiation.
3. To conclude terms, he must be convinced that the deal is right for his organisation.
4. Ultimately, your management board probably makes the final decision
NEGOTIATING
1. The process of negotiation is frequently informal
2. More usually, the parties meet several times to discuss the technology.
3. Es importante evitar iniciar negociaciones con el intercambio de un acuerdo de licencia de plantilla.
4. The contract must fulfil three essential elements. There must be:
  1. Terms of exchange specified for the bargain
  2. Mutual exchange.
  3. Something of value exchanged
THE TERMS
1. Licence Fee
2. Royalties
3. Setting the Royalty Rate
4. Minimum Royalty
5. Resetting Minimum Royalties
6. is a payment that, typically, is separate to royalty payments
HEADS OF AGREEMENT
1. Parties
2. Start date
3. Duration
4. Nature of licensed IP (patent, copyright, know-how, etc.)
5. Work schedule
6. Costs
7. Lump sum/royalties (minimum royalties)
8. Payment schedule
9. Licence option:
10. Option term on licence
11. Right of first refusal
12. Scope of licence
13. Exclusivity
14. Liability
15. Warranty on licensed patents
16. Ownership of IP
17. Ownership of improvements
18. Infringement (who takes action to sue):
19. Dispute resolution
20. Choice of law:
21. Termination

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NEGOTIATIONS AND LICENSING

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	Created by oscar balanta tovar over 4 years ago