You do not get the licensing agreement you deserve. You get the licensing agreement you negotiate.
Licensing intellectual property is extremely complex as there are potentially thousands of permutations to licensing agreements. Thus, tens of millions of dollars can be earned or lost at the negotiating table. Senior executives involved with licensing technology must have a firm grasp of cutting-edge negotiating strategies as well as the nuances of negotiating tactics.
This seminar consists of a unique blend of general licensing issues that arise during licensing IP as well as strategies designed specifically for negotiating with Technology Transfer Offices and Patent Assertion Companies. This course is replete with case studies and best practices that will provide you with practical insight for boosting returns on your licensing initiatives.
Specific licensing issues to be addressed include:
- Royalty rates - minimums, phase-ins, ascending, descending
- Upfronts and milestones
- Granting options to take a license
- Sponsored research
- Royalty stacking
- Improvement rights
- Sublicensing issues (e.g. vetoes, audits)
- Fields of use
- Most favored nation licensing
- Have-made rights
- Managing litigation
- Royalty audits
- Maximizing duration of the license
- Terminating license
Strategic negotiating issues to be covered include:
- De-risking investment for the licensee
- Negotiating scorecard
- Negotiating timeline
- Technical validation
- Role of an outside lawyer
- Non-disclosure agreements
- Freedom of operations opinion letter
- Memoranda of understanding
Course Length: Approx. 3.5 hours
Managing Director ,
IncreMental Advantage, LLC
IncreMental Advantage is an internationally recognized valuation firm with expertise in valuing intangible assets and emerging technologies. Clients include companies ranging from start-ups to Fortune 100 companies, technology transfer offices, incubators, venture capital firms, and private equity players.
David developed both the Certified Patent Valuation Analyst and the Certified Emerging Company Analyst designations.
David is the author of four books that have achieved worldwide acclaim, including the only two books that unveil Industry Analysis. His most recent book is entitled Business Model Validation.
He has been a guest on CNBC, Bloomberg, and CNNfn and has been quoted in the Wall Street Journal, Barrons, Investor's Business Daily, Boards & Directors, and many other newspapers, blogs and magazines throughout the United States. His articles on Valuing Patents and Early-Stage Technologies and Negotiating Licensing Agreements have been published in Intellectual Asset Management, CEO Magazine, Licensing Journal, Willamette Insights, Valuation Strategies, IP Frontline, Technology Transfer Tactics, Inventor's Digest, The Canadian Institute of Chartered Business Valuators, and others.
David speaks about early-stage company valuation and IP valuation before many organizations and corporations. He has lectured all over the United States, Canada, The United Kingdom, The Netherlands, Belgium, Germany, Spain, Dubai, China, Denmark, Thailand, Singapore, Kuwait, Malaysia, Hong Kong, India, and Israel.
Silicon Valley, CA
Venue to be announced shortly.