TECHNOLOGY VALUATION AND NEGOTIATION

STEP 6 PREPARE TECHNOLOGY NEGOTIATIONS.

PRESENTED TO: JUAN MIGUEL OLAVE

CODE: (212032A_951)

MADE BY:

JOSE DARIEL JARAMILLO

NATIONAL UNIVERSITY OPEN AND DISTANCE - UNAD

SCHOOL OF BASIC SCIENCES, TECHNOLOGY AND ENGINEERING.

BUCARAMANGA SANTANDER.

May 2021.
 Introduction.

cordial greeting señor@ lector@, in this work will find compliance with the requirement
6th foreshadows of the subject matter, which incorporates a huge amount of concepts, skills
and knowledge that must be demonstrated a certain degree of knowledge of the subject in
order to be able to carry out a correct apprehension and deepening of the topics to be
covered, and for this reason we are here carrying out the transmission of the
aforementioned point.

In the activity guide he stresses that it must be done on the basis of reading, but in my
opinion, I believe that this will not be the only reference for execution, as I will also take
knowledge and concepts from previous and even other areas in order to synthesize my
understanding of the definition and since it is my own conception, I hope you will enjoy it.

I cordially invite you to enjoy the fruit of effort the knowledge and dedication of a student
who only wants to emphasize in the execution of his academic activities hoping that that
effort will bear fruit not only in his qualifications but also in professional recognition
during his working life. Without further ado, I would like to leave this work to
consideration.
Objectives

General objetive
Allow that through what was learned in the course can be put into practice in this final
phase on the case of the company.

Specific objectives:
1. Determine each of their choices in the table indicating where they will fill it in and
allowing them to argue the importance of teamwork.

2. Acquisition of knowledge that will be developed throughout the activity.

3. Implement the video regarding the response to the assigned company attaching its
importance and why it should make these improvements.

4. Apply the respective conclusions to the case.

Read the following article, attached at the Learning Environment as Annex 2 - An
Approximation to a Decision Model to Valuate Intangible Assets

González, P. G. (2011). An Approximation to a Decision Model to Valuate Intangible

Assets: Case Study Compañía De Software Colombia S.A. Revista Universo Contábil, 7(1),
106–121.

Based on his understanding of all concepts studied in this course, the group will help the
company Compañía De Software Colombia S.A, to solve the problem of defining a draft of
the contract to commercialize its software, using the example of the “Head of Agreement”
document proposed by Mc Manus, J. P. in the chapter Negotiation and Licensing from the
references studied in Unit 3 of this course. In order to fulfill the form of the “Head of
Agreement” document, each group must take into account that, the software will be
licensed to all customers who can pay for it usage, also, every update or customization will
be paid.

The students will create a proposal to complete each item of the “Head of Agreement”
document specifying who will be in charge of each one in the following chart, taking into
account that all of these items were defined in the infographics designed in Step 4:

Note: All items of the Head of Agreement document for the commercialization of the
software developed by Compañía De Software Colombia S.A, must be completed by the
members of the group who are working on it, it means if only three students are working,
all the 21 items must be completed between the three of them.

4. Based on the Head of Agreement document for the commercialization of the software
developed by Compañía De Software Colombia S.A that has been proposed by the group,
each student develops the following activity:
Head of Agreement document for the commercialization of the software developed by
Compañía De Software Colombia S.A
Group Number:
Date:
1. Parties JOSE DARIEL JARAMILLO Technological Valuation
and Negotiation. Group
212032_25
Software Company
Colombia S.A

2. Start date JOSE DARIEL JARAMILLO May, 2021

3. Duration JOSE DARIEL JARAMILLO One year. Taking into
account the quality of the
technology, you will have a
one-year contract.
4. Nature of the JOSE DARIEL JARAMILLO Its participation in the
Licensed IP national market

represents 60% and

employs people nationwide
among programmers,

designers, technicians and

administrative staff
5. Work Schedule JOSE DARIEL JARAMILLO Work work
6. Costs JOSE DARIEL JARAMILLO Licensee will be responsible
for the following costs.
 Transaction costs.
 Negotiation and
decision costs.
 Surveillance and
execution costs.
 Component costs.
  Adjust product
price.
 Transit costs.
 Operating costs.
 Poor quality costs

7. Lump sum/royalties JOSE DARIEL JARAMILLO 25% of the projected

revenues from product sales
correspond to Compañía
Software de Colombia S.A.
and 75% of that income
corresponds to your
distributor

9. License option JOSE DARIEL JARAMILLO The license options are only
temporary licenses, they
consist of a reservation of
the result for a limited time,
this reservation may or may
not be exclusive.

It is used in those cases in

which the company wants
to validate the technology
before making the decision
to acquire it.

In this case, the company

will be granted one month
of optional license to the
company that acquires the
technology, in order to
 ensure that the software is
efficient and reliable.
10. Option term on JOSE DARIEL JARAMILLO The termination of the
license license occurs through
different alternatives which
are chosen by the same
members of the company.
11. Right of first JOSE DARIEL JARAMILLO The trial is given through
refusal the diversification of the
negotiation, thus allowing
the company to have
several options within the
same negotiation.
12. Scope of License JOSE DARIEL JARAMILLO These General Conditions
of the company grant
Clients the
right to use the Software.
The License of Use grants
the Client the right to use
Software as a service
(Software as a Service)
accessed through the Site
by entering a username and
password that gives access
to the area private, that is,
to use the specialized
program in billing,
accounting and taxes for
freelancers, companies and
consultancies via the
internet, nourishing it with
their own.
 The License of Use is
granted in a non-
transferable and non-
exclusive way and does not
grant the Client right to the
exploitation of intellectual
and industrial property
rights.
13. Exclusivity JOSE DARIEL JARAMILLO The trial is given through
the diversification of the
negotiation, thus allowing
the company to have
several options within the
same negotiation.
14. Liability JOSE DARIEL JARAMILLO By the principle of
autonomy of the will, the
contracting parties may, in
use of their freedom
contract, set limits or
exonerate, totally or
partially, the breach of the
duty to compensate
damages and damages.

Limits to liability can be:

 Quantitative -
maximum limit to
compensation.
 Qualitative
exclusion of certain
classes of damage.
  Temporary
limitation regarding
the date of origin of
the damage or the
claim of the
hemselves.

15. Warranty on JOSE DARIEL JARAMILLO The Company of Software

License Patents Colombia S. A., with the
contract is obliged to give
guarantee of the established
in case the stipulations of
the contract are not
fulfilled, to guarantee the
operation of the software
and the fulfillment of its
functions.
16. Ownership of IP JOSE DARIEL JARAMILLO The initial acquirerof the
copy of the computer
program accompanied by an
unlimited use license is
entitled to resell this used
copy and its license to a
sub-purchaser. On the other
hand, when the physical
support of origin of the
copy that was initially
delivered to you is damaged
or destroyed or has been
lost, you cannot provide the
sub-acquirer with their
backup copy of this
 program without
authorization from the
owner of the the rights,
since said backup copy can
only be used by the licensee
who made, and may not be
transferred to third parties

17. Ownership of JOSE DARIEL JARAMILLO It is important to be

Improvements constant in the
improvement of processes
and in this way to maintain
competitiveness with other
companies and above all to
remain in the market. Based
on the software, the
possibility of updating it is
left open

18. Infringement JOSE DARIEL JARAMILLO The use of illegal software

in a company can carry
significant financial
penalties, security problems
and jail time because it is a
crime against intellectual
property.
19. Termination JOSE DARIEL JARAMILLO  This agreement and the
license will end for:
 I any breach of any
clause of the
agreement and can’t
be solved within 24
 hours.
   Any material
breach that can’t be
solved within 30
days.
  The license is
carrying out a
cession for the
benefit of its
creditors, the filing
under any voluntary
bankruptcy or
insolvency law.

20. Choice of law JOSE DARIEL JARAMILLO It is important to establish

the profit and loss
parameters, as well as
establish the premises,
because although this will
allow the same company to
have improvements in its
processes and others,
ensuring the correct
functioning of the
organization.
21. Dispute Resolution JOSE DARIEL JARAMILLO Faced with the resolution of
conflicts, it is of great
importance that the
company can establish
parameters that allow
negotiations to establish
improvements in processes
 and developments of the
same company, thus
allowing to ensure its
security.
Student chosen to JOSE DARIEL JARAMILLO
submit the final
document to the
Evaluation.
Environment:

As a group, build a PowerPoint presentation to explain the proposal for the

commercialization of the software developed by Compañía De Software Colombia S.A
including the following:

 Cover (All students name, date, unit name, tutor name)

 Definition of how to protect the intellectual property of the software

 Value method used to establish the price and the reasons of the selection

 General conditions of the licensing and the negotiation

 One conclusion per student explaining the importance of preparing the negotiation of a
technology to achieve the best results.

 References

LINK DEL VIDEO:

https://youtu.be/Zqye7pYEq2E23DWS

CONCLUSIONES
Technological innovation is an opportunity for companies to increase their social
commitment, improving their profits and their reputation. The legacy of the conventional
business model solely focused on the distribution of dividends slows down the
implementation of social impact initiatives and business activity itself. Companies that are
committed to promoting a positive social impact of the business can ensure customer
loyalty, improve employee engagement, retain talent, etc. These and many other reasons
motivate companies to bet on more inclusive growth.

Technology is a tool to improve the effectiveness of social projects, but not an end in itself.
Technological innovation should not be seen only as the definitive solution to a situation of
inequality or poverty. The role of technology is not neutral. Technology should be a
component and a complement to any social project.
Bibliografía
Ryder, R. D., & Madhavan, A. (2014). Intellectual Property and Business: The Power of
Intangible Assets. Chapter 1. The Intangible Landscape -  Understanding Core
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DANE (2019). Technical Bulletin Survey of Technological Development and Innovation -

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Triana Ortiz, K. (07,08,2020). Intellectual Property Audit. [Video]. Recovered from:

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World Intellectual Property Organization (WIPO) & International Trade Centre (ITC),
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 https://www.wipo.int/edocs/pubdocs/en/licensing/906/wipo_pub_906.pdf

 Cohen, J. A. (2005). Intangible Assets: Valuation and Economic Benefit. Options Model

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http://hdl.handle.net/10596/12322

© European Union (2012). Fact Sheet How to deal with IP-related issues in transnational
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http://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-How-to-Deal-
with-IP-Issues-in-Transnational-Negotiations.pdf

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