WW: Negotiating the Hard Issues in a Licence Agreement
1.5 hour workshop will examine the key components of a licence agreement from a negotiator’s rather than a lawyer’s perspective, and will focus on the important and hard issues which are most often hotly contested, and which will do the most to determine the practical commercial benefits arising from the deal.
Wednesday 8th March AEDT
light lunch prior at 13.00
14:00 - Introduction
15.25 pm Round up and concludes at 15.30
||$120 LESANZ members | $200.00 Non members
Online below - A confirmation is emailed immediately upon booking to the registrant
Rob McInnes IP Advisory Pty Ltd & Past LESANZ President
Negotiating the Hard Issues in a Licence Agreement
Licensing executives are at their most effective when they negotiate from a position of strength; but for many of us in Australia and New Zealand, our side in the negotiation often doesn’t have strength derived from deep pockets, or market dominance, compared with the other side. Our strength in negotiations often needs to arise from knowledge, including easy familiarity with the building blocks of an IP licence, how they fit together, and how contentious issues are typically resolved.
This workshop will examine the key components of a licence agreement from a negotiator’s rather than a lawyer’s perspective, and will focus on the important and hard issues which are most often hotly contested, and which will do the most to determine the practical commercial benefits arising from the deal. These issues will include:
- Licensed subject matter: field and other limitations; reservations from grants; improvements
- Licensee diligence obligations: often these determine the business outcome more than the royalty rate does, so how can they be made firm but fair?
- Financial terms: benchmarking and modelling for effective negotiation; drafting pitfalls that undermine financial returns from royalties
- Allocating risk and liability
The workshop will discuss examples from later stage business-to-business transactions as well as licences from research institutions to start-up and spinout companies. For each issue there will be consideration of what licensors want and why, what licensees want and why, and how the issue is generally resolved if agreement is reached.
- If there is time, terms governing collaborative research and options over outcomes.
Registration not available.