to appoint a small team, to address points on
technology, manufacturing, legal, IP and finance, as
required. Identify the colleagues, and any
consultants, should be involved in the negotiations
NEGOTIATING
The process begins with discussion on the main
points that must be agreed and usually extends over
a period of time. It concludes with the introduction
of a draft agreement, when the main points have
been agreed
is done
formal contractual agreement
Terms of exchange
specified for the bargain
Something of value
exchanged
Mutual exchange.
THE TERMS
Licence Fee
The licence fee is a payment
that, typically, is separate to
royalty payments
Royalties
Normally, royalties are paid in addition to the
licence fee. They are based usually on a unit, a
volumen or a weight of sale – the ‘royalty base’, the
‘25% rule’
Minimum Royalty
A minimum royalty can be based
on this market forecast of
achievable annual sales
HEADS OF AGREEMENT
The Heads of Agreement typically are a set
of bullet point headings, under which the
parties are expected to discuss and complete
in their own words (or brief bullet points) the
decisions they have reached on each item.