YULY ROCIO RODRIGUEZ

GONZALEZ HEADS OF AGREEMENT –

INGRID TATIANA GOMES LICENCE
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APRIL 20 TH, 2021 Valuation and Negotiation of Technology

Each Party shall inform the other Party promptly if it becomes aware of any infringement or
potential infringement of any of the Patents in the Field, and the Parties shall consult with
INFRINGEMENT
each other to decide the best way to respond to such infringement.

Examples

A third party is using the protected technology but does not have a license. Here the
licensee is facing competition and is likely to be at a financial disadvantage as the infringing
competitor is not paying royalties.

TERMINATION Other than for any specific duration of
the licence that may be agreed, the
usual terms should be inserted into the
agreement to cover material breach,
receivership,change of control.
The duration of the license agreement
Examples
is tied to patent rights. The license
DISPUTE The parties may wish to choose
RESOLUTION arbitration or mediation as an
alternative means to resolving disputes
and include appropriate terms for this.
Mediation of the world intellectual
Examples
property organization on patents.

agreement in a certain country will end

when the patent rights in that country
expire.

Licenses allow individuals and entities to use patents, trademarks, and creative works

CHOICE OF owned by others without infringing on the owners’ property rights.

LAW Examples

Depends on the country of residence of the partners. If it is the same

for both, choose the laws and jurisdiction of that country.

WHAT IS THE HEAD OF A head of agreement is a short, interim agreement that parties use before
AGREEMENT negotiating and finalizing a formal agreement. They are also known as a
DOCUMENT IN A
‘terms sheet’ or ‘memorandum of understanding’ (or ‘MOU’) and serve
TECHNOLOGY
much the same purpose as a ‘letter of intent’.
NEGOTIATION?