3.17 – Best practices of international licensing agreements In English
- Identifying the different licensing strategies.
- Providing the key features of a contract, the validity conditions and how to structure them to prevent or manage dispute resolution after the contract signature.
- Understanding strategic and contractual issues raised by the entry into licensing agreements
- with academic institutions or companies.
- Getting the key elements to take into consideration for a win-win negotiation.
- Knowing the best ways to deal with disputes when deals go wrong.
- Business development managers
- Licensing executives
- IP practitioners
- Contract managers
- Technology transfer managers
Contenu de la formation
- What is meant by a licensing strategy?
- Licensing-In/-Out/Cross and Patent Pools
- To license or not – Why licensing?
- Understanding the parties & interests at stake
Preparation of the proposal
- Non-disclosure agreements – confidentiality
- Letter of Intent / MOU
The anatomy of a licensing agreement – Typical clauses
- Exclusive, non exclusive, cross-license
- Duties of licensee and licensor
- Identification of parties – Definitions
- Grant – Restrictions – Technical assistance
- Indemnification – Improvements
- Confidentiality – publicity
- Termination – Alternative Dispute Resolution
Licensing negotiation practices
- Prepare for negotiations: terms to be avoided and parts to negotiate, negotiation team, assessment of the positions
- Royalties and upfront royalties
- Different negotiation tactics
- Specific national practices
License Drafting Workshop: Drafting international technology licensing agreements
- Preparation of a negotiation agreement
- Example of licensing agreement
- How do you prevent and / or manage future disputes?
- Renegotiation, audit, litigation