Learning Map of module 07 “Technology Licensing in a Strategic Partnership” Story scenes & Learning points Introduction #1. A doubtful answer #2. Need something new? #3. OK! YeraCAM! #4. A proposal #5. Preparing to license 6. At the negotiation table #7. Win-Win settlement #8. Entering into an agreement #9. Managing the partnership #10. Pursuing the optimistic future Today’s issue People in the story [LEARNING POINT 1] The basic concept of a license main contents 1. What is a license 2. Why license more references 1-1. The distinction between a license and an assignment The story scenes & Learning points Inside the story [LEARNING POINT 2] Preparing to license main contents 1. Due diligence (1) The basic concept of due diligence (2) The information needed for due diligence 2. Valuation of technology (1) Limitation in valuation of technology (2) Methods to value technology more references 2-1. The sources of information for licensing Reflection Quiz [LEARNING POINT 3] Negotiating a license agreement My reflection journal main contents 1. Negotiation process 2. Guidelines of negotiation (1) The golden guidelines of negotiation (2) What should be avoided and what should be encouraged more references 3-1. NDA & LOI Heart to heart talk [LEARNING POINT 4] Overview of a license agreement main contents 1. Characteristics of a license agreement 2. Issues in a license agreement more references 4-1. The factors that influence the royalty rate 4-2. Confidential Information [LEARNING POINT 5] Managing a license agreement main contents 1. Implementing and managing the agreement 2. Termination and post termination issues
Managing the relationship I LEARNING POINT 5 – 1 Managing a license agreement 5 Managing the relationship 1 Click each item to see the details. Technical Assistance Tangible items Reporting Audit Technical assistance can greatly reduce the time required by the licensee to move the licensed technology into production. The obvious benefits are that the licensee generates income more quickly and the licensor earns royalties much sooner. Common elements of technical assistance include the following: 1 Plant visits and training The licensee obtains rights to on-the-spot training of its technical engineers, in the licensor’s facilities that are developing or using the licensed process and/or making and selling the licensed product. 2 Direct assistance The licensee may obtain the right to have site assistance (within the licensed territory) from the licensor’s technical personnel. 3 Consultation This is the right of the licensee to contact the licensor by mail, telefax, telex or telephone through representatives appointed by each party
Patent Trademark Industrial design Trade secret Unfair competition Trademark law may protect words, phrases, slogans, logos or other symbols that your company uses to differentiate its goods or services from those of other companies. Trademark law is often used in conjunction with copyright law to protect advertising material from being copied. The form, design or packaging of a given product may also be considered to be a distinctive feature of the product in question and may be protectable as a three‑dimensional trademark. Patent Trademark Industrial design Trade secret Unfair competition The aesthetic aspects or outward appearance of your products can be protected as an industrial design. The shape of a lamp; the pattern, lines and colors of a textile; the configuration of a furniture; the novel shape of a packaging, etc. may be registered as industrial designs, provided the legal requirements are fulfilled. Patent Trademark Industrial design Trade secret Unfair competition Patent Trademark Industrial design Trade secret Unfair competition Any confidential business information which provides your enterprise a competitive advantage may be protected by contract or trade secret law or unfair competition law. Such information may include a sales method, a distribution method, consumer profiles, advertising strategies, lists of key suppliers and clients, details of manufacturing processes, a marketing plan, etc. However, trade secrets are only protected if your company has taken “reasonable steps” to keep the information confidential. Many countries have unfair competition laws that allow you to act against unfair business behavior of competitors. On this basis, legal action may be taken against unfair and misleading advertising and promotional methods. Protection under unfair competition law may often grant complementary protection against copying of products, including software.
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