NEGOTIATIONS AND LICENSING

Alexander Hernandez
Mind Map by Alexander Hernandez, updated more than 1 year ago
Alexander Hernandez
Created by Alexander Hernandez over 1 year ago
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Valuation and Negotiation of Technology

Resource summary

NEGOTIATIONS AND LICENSING
  1. THE TEAM
    1. It is unwise to negotiate on your own
      1. It is best to appoint a small team
        1. Decide on who will lead the negotiations
          1. Include break-out time to review and discuss
            1. leading the team must understand the corporate issues and the limits beyond which he cannot
            2. NEGOTIATING
              1. The process of negotiation is frequently informal and, typically, is not completed in a single meeting
                1. More usually, the parties meet several times to discuss
                  1. The process begins with discussion on the main points that must be agreed and usually extends
                    1. It is important to avoid beginning negotiations with the exchange of a template licence agreement
                    2. THE TERMS
                      1. Licence Fee
                        1. A once-off non-refundable fee
                          1. Payment as a security
                            1. unique commercial opportunity
                              1. Recognition on the part of the licensee
                              2. Royalties
                                1. royalties are paid
                                  1. in addition to the licence fee
                                    1. the ‘25% rule’ approach is used
                                    2. Setting the Royalty Rate
                                      1. consideration must be given to the end-use or application of the product or
                                        1. Set the royalty as a percentage of the profit
                                          1. provides an incentive to the licensee
                                          2. Minimum Royalty
                                            1. expectation of achievable annual
                                              1. based on this market forecast.
                                                1. that the licensee will do what is necessary to take it to market as early as he can, so that the minimum
                                                2. Resetting Minimum Royalties
                                                  1. licence agreement for renegotiation of the minimum royalty on reasonable terms, but cancellation of
                                                    1. discusses some approaches to negotiating commercial terms
                                                  2. HEADS OF AGREEMENT
                                                    1. Heads of Agreement – Licence
                                                      1. Parties
                                                        1. Start date
                                                          1. Duration
                                                            1. Nature of licensed IP
                                                              1. Work schedule
                                                                1. Costs
                                                                  1. Lump sum/royalties
                                                                    1. Payment schedule
                                                                      1. Right of first refusal
                                                                        1. Scope of licence
                                                                          1. Exclusivity
                                                                            1. Liability
                                                                              1. Warranty on licensed patents
                                                                                1. Ownership of IP
                                                                                  1. Ownership of improvements
                                                                                    1. Infringement
                                                                                      1. Termination
                                                                                        1. Choice of law
                                                                                          1. Dispute resolution
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