Licensing agreements are frequently used by commercial entities, public or quasi public bodies for the development of new business prospects and cross-border expansion. This two-day seminar will give practical advice on the legal and commercial considerations essential for securing a successful deal.
It offers a comprehensive overview of all the key matters to be considered – by the licensor and the licensee – when dealing with international licensing agreements generally and in particular when handling manufacture under licence and technology transfer agreements.
This seminar is not jurisdiction specific and is therefore ideal for those working both in the UK and overseas.
Attend this seminar to:
- LEARN how to critically review the terms in international technology transfer and licensing agreements
- ASSESS the benefits and concerns of the contracting parties under an international technology transfer and licensing agreement
- UNDERSTAND EU law governing international technology transfer and licensing agreements
- DRAFT and negotiate key terms in an international technology transferand licensing agreement more effectively
- EFFECTIVELY negotiate royalty rates
- UNDERSTAND and advise on cross-jurisdictional concerns and key terms
Please note, events may be cancelled due to commercial or organisational reasons. In this case Research and Markets will refund all registration fees which have already been paid. Research and Markets will not refund any charges arising from the participant having to cancel or re-book transportation or accommodation which he or she has arranged.
09.00 Registration and refreshments
09.30 International contract disputes
- Jurisdiction rules under EU Law
- Jurisdiction agreements and their status
- Choice of law rules
- Recognition and enforcement of arbitral awards and foreign judgments
11.15 Dispute resolution mechanisms
- Features of the key mechanisms
- Advantages and disadvantages associated with the key mechanisms
- Why arbitrate?
- Disadvantages of arbitrating
- Adhoc arbitration v institutional arbitration?
- Drafting concerns in relation to arbitration agreements
- Seat of arbitration
- Evidential rules of the arbitration
- Preliminary relief
14.00 PRACTICAL WORKSHOP - Arbitration agreements
- Review of arbitration agreement
- Negotiation of arbitration agreement
15.15 Competition law - introduction
- Goals of competition policy
- Role of the institutions and the Member States
- Individual remedies
- Standard of proof
- Article 101 TFEU - Anti-competitive agreements, decisions and concerted practices
- Agreement, decision or concerted practice exists
- Effect on trade between Member States
- Object or effect of the prevention, restriction, or distortion of competition
- Impact of the De Minimis doctrine
- on the application of Article 101(1)
- Article 101(3) TFEU – Exemption
17.00 Close of day one
09.30 Ancillary agreements
- Confidentiality agreement
- Materials transfer agreement
- Memorandum of Understanding
- Option agreements
11.15 Technology related block exemptions
- Vertical Restraints Block Exemptions(VRBER 2010)
- Technology Transfer Block
- Exemption Regulation (2014)
- Block exemption governing R&D
14.00 Technology transfer agreements
- Strategic and legal concerns of the prospective licensor
- Key concerns reviewed
- Liability, disclaimers and indemnities
- Benefits and disadvantages of licensing technology
- Legal safeguards during the pre-negotiation phase
15.15 PRACTICAL WORKSHOP - Review of a technology licence
- Review of the template agreement with particular reference to the key clauses, strategic considerations and drafting techniques
- Discussing issues relating to the negotiation and execution of a technology licence
15.15 PRACTICAL WORKSHOP - Negotiation of a technology licence
Using a case scenario, participants will draft and negotiate a technology licence with particular reference to key commercial terms inter alia
- Fees and royalties
- Rights to improvements
- Rights to new products and
- grant-back clauses
- IP and confidentiality
17.00 Close of course
Ms Michala Meiselles,
Solicitor, Law Lecturer & Author ,
Michala Meiselles is a solicitor in England and Wales specialising in international business law, cross border transactions and compliance. She has been working as a lawyer since 1994 and qualified as a solicitor in 1999. Starting off her career at Berrymans Lace Mawer, she has since worked in private practice and as in-house legal counsel for local government.
Over a decade ago, Michala created her own dedicated consultancy firm, which she presently directs, providing business and legal solutions to multinationals, public sector entities and international organisations.
In her work as a solicitor and international lawyer (operating in England, France, Canada and the US), she advises on compliance (inter alia anti bribery and corruption, anti money laundering and sanctions), trade finance, import and export, licensing, distribution, agency and foreign direct investment. She advises multinationals that have international operations in Asia, North Africa, North America, Europe and the Middle East.
Michala is also a law lecturer on the Masters programmes at the Law Schools of Université Jean Moulin (France) and Université Aix-Marseille (France) and is visiting professor of law at the Law School of University of Western Ontario (Western Law) and Université Jean Monnet (France).
She is author of a book entitled ‘International Commercial Agreements - An Edinburgh Law Guide’ published by Edinburgh University Press (2013) and has published several articles including ‘Civil Law Consequences of Corruption and Bribery in France’ (2009), ‘Personal liability of employees for money laundering offences - A comparative perspective’ (2014) and ‘The European Economic Interest Grouping - A Chance for Multinationals?’ (2015).
She is presently co-authoring a textbook on international licensing agreements with a senior solicitor working for DLA Piper for publication by Oxford University Press. She is fluent in English and French.
- In-house counsel
- Trainee solicitors
- Private practice lawyers
- Commercial and contract managers
- Business development managers
- Licensing executives with little or no experience of drafting and negotiating international licensing agreements
The Cavendish Hotel
81 Jermyn Street