Tis chapter provides a road map or licensing proes-sionals to identiy the most common terms, contractualobligations, and other provisions that are likely to beencountered in crating a license agreement. Emphasisis placed on agricultural technology licenses. Since mostpeople engaged in deal making are involved in multipledeals at the same time, important aspects can be orgottenor overlooked at any time and or any deal. Te checklistormat allows the licensing practitioner to check o eachitem once it has been addressed to the parties’ satisac-tion. While expansive, it does not necessarily t all con-texts and is thereore intended to serve as a basis rom which institutions and individuals can develop their ownchecklists.
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A checklist to aid in negotiating a licensingagreement, much less to aid in actually preparingand writing the agreement itsel, may sound likea simplistic tool to an experienced negotiator orcontract attorney. Ater all, most people in suchpositions are well educated and used to dealing with multiple projects having many details inthe scientic, legal, and business arenas, all atthe same time. I they did not have the compe-tence to deal with this type o work situation,they would not last long in the active, high-pres-sure licensing environment. But it is precisely because o myriad details that a checklist can belie (or deal) saving or the working licensing o-cer or attorney. Since most people engaged indeal making are involved in multiple deals at thesame time, important aspects can be orgottenor overlooked at any time and or any deal. Oneo the simplest ways to make sure that a crucialor costly mistake does not happen because o anoversight is to use a tool such as the checklistpresented here.
Tis section introduces and discusses or both li-censors and licensees each element o the check-list. I your work requires you to drat license
Bobrowicz D. 2007. A Checklist for Negotiating License Agreements. In
Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices
(eds. A Krattiger, RT Mahoney, L Nelsen, et al.). MIHR: Oxford, U.K., andPIPRA: Davis, U.S.A. Available online at www.ipHandbook.org.© 2007. D Bobrowicz.
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A Checklist for Negotiating License Agreements
, Technology Transer Specialist, Loyola University Chicago, Ofce o Research Services, U.S.A.