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