20249602
Description
Mind Map by Alexander Hernandez, updated more than 1 year ago
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Created by Alexander Hernandez
about 5 years ago
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NEGOTIATIONS AND LICENSING
- THE TEAM
- It is unwise to negotiate on your own
- It is best to appoint a small team
- Decide on who will lead the negotiations
- Include break-out time to review and discuss
- leading the team must understand
the corporate issues and the limits
beyond which he cannot
- It is unwise to negotiate on your own
- NEGOTIATING
- The process of negotiation is
frequently informal and,
typically, is not completed in a
single meeting
- More usually, the parties meet several times to discuss
- The process begins with discussion on the
main points that must be agreed and usually
extends
- It is important to avoid beginning
negotiations with the exchange of a
template licence agreement
- The process of negotiation is
frequently informal and,
typically, is not completed in a
single meeting
- THE TERMS
- Licence Fee
- A once-off non-refundable fee
- Payment as a security
- unique commercial opportunity
- Recognition on the part
of the licensee
- A once-off non-refundable fee
- Royalties
- royalties are paid
- in addition to the
licence fee
- the ‘25% rule’
approach is used
- royalties are paid
- Setting the Royalty Rate
- consideration must be
given to the end-use or
application of the
product or
- Set the royalty as
a percentage of
the profit
- provides an incentive to
the licensee
- consideration must be
given to the end-use or
application of the
product or
- Minimum Royalty
- expectation of achievable annual
- based on this market forecast.
- that the licensee will do what is
necessary to take it to market as early
as he can, so that the minimum
- expectation of achievable annual
- Resetting Minimum Royalties
- licence agreement for
renegotiation of the minimum
royalty on reasonable terms,
but cancellation of
- discusses some
approaches to
negotiating
commercial terms
- licence agreement for
renegotiation of the minimum
royalty on reasonable terms,
but cancellation of
- Licence Fee
- HEADS OF AGREEMENT
- Heads of Agreement – Licence
- Parties
- Start date
- Duration
- Nature of licensed IP
- Work schedule
- Costs
- Lump sum/royalties
- Payment schedule
- Right of first refusal
- Scope of licence
- Exclusivity
- Liability
- Warranty on licensed patents
- Ownership of IP
- Ownership of improvements
- Infringement
- Termination
- Choice of law
- Dispute resolution
- Parties
- Heads of Agreement – Licence
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