Zusammenfassung der Ressource
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 objective is
- achieve a result, where each side is clear
about what is happening
- It is essential that:
- the licensor understands the requirements of the licensee
- identify and clarify how technology meets the needs of the licensee
- The license holder must have
- a potential commercial appreciation of the technology
- be able to convince the licensor that he has the ability to fully exploit it
- THE TEAM
- It is better to designate a small team, which can be only two people to address the points in:
- technology
- manufacturing
- legal
- intellectual property
- finance
- It is important to identify colleagues, and any consultants, believe that they should participate in the
negotiations and develop a clear role for each one in the discussions
- NEGOTIATING
- The process of negotiation is frequently informal and, typically, is not completed in a single meeting
- When they decide to enter
- A formal license agreement, specific team members with a combination of technical and legal
experience is presented on both sides to complete the agreement and to sign a formal agreement.
- THE TERMS
- Licence Fee
- The license fee is usually a fixed fee that all licensees pay.
- for an unproven product or technology that is not yet commercially
proven and that requires further development by the licensee, the
license fee is often a result of negotiation and can be agreed in
several alternative ways
- Royalties
- they are paid in addition to the license fee. They are generally based on a unit, a
volume or a weight of sale
- HEADS OF AGREEMENT
- are a set of bullet point headers, under which it is expected that
- the parties discuss
- complete in your own words
- the decisions they make.
- That is the task of the interim lawyers, to whom the jointly
agreed Chiefs will be Passed to draft a formal legal agreement
that reflects the planned interaction between the parties