Negotiation and Licensing

Negotiation and Licensing

1. THE TEAM

   • It is best to appoint a small team, which can be as few as two people, to address points on technology, manufacturing, legal, IP and finance, as required.
     • Prepared by: OSCAR SOLER SALINAS. Valoracion y Negociacion de la Tecnologia. UNAD

2. NEGOTIATING

   • When they decide to enter into a formal licence arrangement, specific individuals from the team with a combination of technical and legal expertise are introduced on both sides to complete the deal and to sign a formal agreement.

3. THE TERMS

   • The licence fee (also referred to as ‘lump sum’, ‘down payment’ or ‘upfront fee’) is a payment that, typically, is separate to royalty payments.

4. ROYALITIES

   • Normally, royalties are paid in addition to the licence fee. They are based usually on a unit, a volume or a weight of sale – the ‘royalty base’.

5. HEADS OF AGREEMENT

   • it is essential that a ‘Heads of Agreement’ is discussed and that agreement is reached on each of the important aspects of the planned interaction, be it a research collaboration, a licence agreement, a licence option agreement, patent exploitation agreement, or other.

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