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|Best Practices in Licensing Schedule|
May 2-3, 2018
Building Up and On Your IP Foundation
The program will begin with a discussion of the legal underpinnings of Patent, Copyright, Trade Secret law and protection. Trademark law is surveyed in overview from procurement to enforcement. Contemporary examples, commentary and discourse on everyday issues in licensing and technology transfer are covered in an interactive presentation. We will "dive deep" into IP law for subject matter and insight at a more intermediate level and understanding for those with several years of experience in IP transactions.
Anatomy of a License Agreement (Part 1)
This session will explore the "anatomy" of a general and research license agreements. We'll walk through a real-life license agreement, covering the terms that are typically encountered. Pitfalls and best practices will be reviewed, with examples in the context of real life transactions.
Exploring Recent Court Cases and their Impact on Agreements
This session reviews recent US court cases and the impact they have on negotiating and enforcing various terms of license agreements, such as termination, warranties, disclaimers, indemnification, limitation of liability, and dispute resolution. Keeping up with these developments and the current state of the law as it evolves will improve your ability to negotiate effective agreement terms as well as your credibility and strength in negotiations. Understanding what issues are in flux and underlying policies and trends will improve your ability to better anticipate how the law will likely evolve, so you can strategically draft terms more likely to be enforced in the future with the intended result.
Everything You Need to Know about IP Valuation Theory and Practice
"What is my IP worth?" is one of the most common but misunderstood issues in effective licensing. In this session, IP valuation theory (cost, market, income and more) will be thoroughly analyzed, giving participants insight into "what it is we are buying/selling." Pre-evaluation due diligence, an example using the income approach to valuation, along with unique considerations of transaction structure will be discussed and shared.
Pharma-University Relationships, Regulatory and Government Issues in Licensing
With increasing pressure to innovate and shrinking corporate R&D budgets, industry-university collaborations continue to be a top issue. Learn about the cultural and legal basis for the apparent disconnect between academia, government and industry; the most common types of relationships; and practical strategies for negotiating and drafting the agreements covering these interactions. Differing drivers and motivations for each side of the deal will be discussed.
Exploring Key Issues and Clauses in Multinational IP Licensing & Acquisition: Avoiding Pitfalls in International Licensing
This portion of the seminar expands beyond North America to address key issues and clauses that confront the practitioner in multinational licensing and acquisition of IP. Typical European Community and the Pacific Rim considerations are addressed, along with other regional-specific issues that should be taken into consideration.
Technology and Know-how Licenses – The European Perspective
Irrespective of the law which is agreed by the parties as the law governing a license contract, European laws and in particular EU antitrust law may have a significant impact on the effectiveness of the license contract if it refers also to the European market. Further, the laws of European countries may provide a solid basis to be used as governing law. Thus, the rejection of U.S. law as governing law by a potential contractual partner should not necessarily be viewed as a "deal-breaker".
A Strategic Approach to Identifying, Evaluating and Executing IP Licensing and Acquisition Deals, Alliances and Joint Venture Agreements
Join us as we discuss the elements of how to identify, assess and execute on an opportunity for licensing or other acquisition of rights. Learn how to evaluate the significance of a deal and prioritize goals and questions that should be addressed when considering a deal.
Gaining the Skills & Knowledge You Need to Productively Negotiate & Close Deals
This is an interactive, hands-on session on how to negotiate transactions. This session is case study based, focusing on providing attendees with knowledge and skills for establishing and maintaining positive and productive negotiations. A strategic approach and practical considerations to preparation, presentation, negotiation and closing the deal will be addressed.
Continuing the Skills and Knowledge You Need to Productively Negotiate and Close Deals
This is the continuation of the previous session.
Ethics for the Negotiator
This closing seminar is a deep-dive discussion into the standards that apply to all involved in licensing negotiation —whether lawyer or lay-person. Various legal, business and societal standards are reviewed and scenarios are presented as examples. Pragmatic approaches to often difficult situations are evaluated with the attendees, bringing real-life experiences to highlight the "do's and don'ts" in conducting oneself in an honorable and ethical manner.