An Essential Guide for Non Lawyers

COURSE OBJECTIVES:

• Demystify and understand all the relevant legal terms and agreements

• Learn how to commercialise technology through licensing

Do you want to maximise the value of your technology?

Product life cycles are getting shorter, particularly with technology. To thrive and survive in this increasingly competitive and globalised world, licensing is something that businesses – particularly in the technology sector, cannot afford to overlook.

The opportunities in technology licensing are more promising than ever before. Licensing provides a great means to commercialise, broaden or diversify your market position. After all, many successful technology companies have licensed their technology to foreign companies that manufacture and sell products in their country or neighbouring countries. Thus enabling the licensor to enter a foreign market easily and quickly with minimal risks.

If you need a better understanding of technology licensing but do not have a law background, Commercialising Technology Through Licensing is the right course for you. The course provides an overview and understanding of what’s involved in the complex and specialised area of technology licensing. Practical in its approach, you will be taken through key terms that are encountered in technology licensing agreements, the relevant laws, clauses, related agreements as well as guidance in developing a licensing strategy and how to manage and resolve licensing disputes.

SEVEN GREAT REASONS TO ATTEND THE COURSE

1. Maximise the value of your technology through licensing

2. Learn to use licensing as a key element of commercialisation and expansion of your market position

3. Take into account all the relevant key factors when entering a licensing agreement

4. Learn to apply competition and regulatory law to technology licensing

5. Explore and identify potential risks and issues to licensing

6. Manage and avoid costly and damaging disputes

7. Get specialist legal advice from a legal expert 

DAY ONE

Overview

• Explanation of licensing

• Overview of licensing process

• Advantages and disadvantages of licensing vs other forms of commercialisation

• Licensing best practices

Intellectual Property (IP) Law

• Types of intellectual property

• Different forms of IP protected

• Processes for IP protection

• Recent developments in IP law

• Notable international differences in IP regimes

Antitrust and Unfair Competition Law

• NZ competition and regulatory law

• Restrictions

• Application of the Fair Trading Act

• Application of competition and regulatory law to technology licensing

Developing a Licensing Strategy

• Benefits of licensing

• Expanding your business with licensing

• Determining which product(s) to license

• Determining appropriate licensing structures

Drafting and Understanding Financial Terms

• Royalty and other financial structures

• Determining royalty rates

• Determining other financial terms

• Reporting and royalty audits

DAY TWO

Valuing IP

• Models for IP valuation

• Advantages and disadvantages of different models

Understanding Clauses in Licence Agreements

• Warranties, liabilities and indemnities

• Insurance

• Exclusivity

Managing and Resolving Technology Licensing Disputes

• Minimising risks involved

• Arrangements for termination

• Alternative dispute resolution

• Obligations under the dispute clauses

Licensing Checklists

• Issues to be addressed when negotiating technology licences

Preliminary Agreements and other Related Agreements

• Non-disclosure/Confidentiality agreements

• Heads of Agreement/Letters of Intent

• Joint development agreements

• Distribution agreements

Practical Exercise/Case Studies