VALUATION AND NEGOTIATION OF TECHNOLOGY

Stage 4

IT NEGOTIATIONS

PRESENTED BY:

MARIA FERNANDA PUENTES VARGAS

SOFI ALEJANDRA RAMIREZ MARTINEZ
YENNY JIMENEZ MORENO
VICTOR ANDRES MARMOL ARANZAZU
MARIA LEONOR AGUAS MARTINEZ

TUTOR

JUAN CARLOS AMEZQUITA

GROUP: 212032_53

UNIVERSIDAD NACIONAL ABIERTA Y A DISTANCIA

UNAD

November - 2023
 Table of Contents

INTRODUCTION .......................................................................................................................... 2
OBJECTIVES ................................................................................................................................. 2
INDIVIDUAL ................................................................................................................................. 3
COLLABORATIVE ....................................................................................................................... 4
BILLBOARD .................................................................................................................................. 8
MARIA LEONOR AGUAS MARTINEZ.................................................................................. 8
MARIA FERNANDA PUENTES VARGAS ............................................................................ 9
VICTOR ANDRES MARMOL ARANZAZU ......................................................................... 10
SOFI ALEJANDRA RAMIREZ MARTINEZ......................................................................... 11
YENNY JIMENEZ MORENO................................................................................................. 12
WIX............................................................................................................................................... 12
CONCLUSIONS........................................................................................................................... 12

INTRODUCTION
In today's dynamic business landscape, intangible assets play a pivotal role in shaping the
competitive advantage and long-term sustainability of organizations. As businesses engage in
negotiations involving these intangible assets, it becomes imperative to navigate through a
complex terrain of legal, strategic, and operational considerations. This learning outcome focuses
on preparing negotiations related to intangible assets by crafting agreements in a real-world
context. The process involves a comprehensive understanding of the intricacies surrounding
intangible assets and the ability to formulate agreements that align with the strategic objectives
of the involved parties.
OBJECTIVES
Prepare intangible assets negotiations through the creation of an agreement in a real environment.
INDIVIDUAL

Activities Assignment and Work Responsabilities

Group number: 53
Unit 3 – Stage 4 – IT Negotiations
Selected topic Student Name Canva
Group 1 MARIA FERNANDA https://www.canva.com/design/DA
PUENTES VARGAS F0GiKrR3g/f-dVPqiSC1U-
Cwi5n0-
JoA/edit?utm_content=DAF0GiKr
R3g&utm_campaign=designshare&
utm_medium=link2&utm_source=s
harebutton
Group 2 SOFI ALEJANDRA https://www.canva.com/design/DA
RAMIREZ MARTINEZ FzDFdcN68/RxzROV-
HoI3EczBOm7lJCQ/edit?utm_cont
ent=DAFzDFdcN68&utm_campaig
n=designshare&utm_medium=link
2&utm_source=sharebutton
Group 3 YENNY JIMENEZ https://www.canva.com/design/DA
MORENO Fzs1rXtn4/ovl7H6s7eUv4yCQE-
Eu4Bw/edit?utm_content=DAFzs1r
Xtn4&utm_campaign=designshare
&utm_medium=link2&utm_source
=sharebutton
Group 4 VICTOR ANDRES https://www.canva.com/design/DA
MARMOL ARANZAZU FzzWOzaLc/1T6O56pHdOk4bGIB
eq8F8w/view?utm_content=DAFzz
WOzaLc&utm_campaign=designsh
are&utm_medium=link&utm_sourc
e=editor
Group 5 MARIA LEONOR AGUAS https://i.postimg.cc/1XJ72rtF/Head-
MARTINEZ of-agreement-structure-Maria-
Leonor.jpg
Student chosen to submit the final document MARIA LEONOR AGUAS MARTINEZ
to the Evaluation Environment
COLLABORATIVE
Head of agreement document for the commercialization of the

Group Number: 212032_53

Date: 16/11/2023
Contract clause defining the
Item Student in charge
proposal for the commercialization of the value
proposal
1. Parties Sofi Ramirez Kerui company and Unad University
2. Start date Sofi Ramirez September 17th, 2023
The project has a duration of six months for
3. Duration Sofi Ramirez
construction and one year for testing.
Copyright

4. Nature of the Patents

Sofi Ramirez
Licensed IP Trademarks

Trade secrets
Working Hours:

Weekdays:

Monday through Friday: 9:00 a.m. - 5:00 p.m. (or

any variation of 8 hours per day).

Saturdays and Sundays: No regular work unless

there are special needs or critical deadlines that
require additional work.
5. Work Schedule Sofi Ramirez
Additional considerations:

Flextime: In software development or technology

environments, there is often flexibility in
schedules, allowing employees to manage their
time and schedules more flexibly, as long as
project goals and deadlines are met.

Meetings and collaboration: Team meetings,

planning sessions and collaboration with different
departments could be scheduled at specific times
 throughout the week to ensure effective
communication and coordination between teams.

Intensive periods: During crucial stages of the

project, such as launches, testing or major
implementations, more intensive work periods may
be required, which could involve overtime or shift
work to ensure the success of the project.
The cost estimate for this design could be as
follows:

Infrastructure costs:

Virtual server: t2. micro (Colombia) - On-Demand

- $87.845,99 per month.

Fernanda Puentes Operational costs:

Administration and maintenance $406.694,40 per

6. Costs month

Reporting and alerts: $203.347,20 per month

In total, the estimated cost of this design would be

$1.470.606,95 per month.
Royalties are used to cover design development
and maintenance costs.

proposal for an "Equipment Status Meter" design

for a small company with 100 employees. The
design requires a virtual server to collect and store
equipment data, as well as an analytics service to
generate reports and alerts.

The proposal could be as follows:

7. Lump sum/royalties Fernanda Puentes
Lump sum: $1.470.606,95 USD per month.

Royalties: 10% of the revenue generated by the

design.

In this case, the company would pay US$3,000 per

month for the design, regardless of the amount of
data collected or reports or alerts generated. In
addition, the company would pay 10% of the
revenue generated by the design.
 An example of a payment schedule for a cloud
design project is shown below:

Initial payment: 50% of the total project cost.

8. Payment Schedule Fernanda Puentes Monthly charges: $813,388 per instance per
month.

Data storage: $203,35 per GB per month

API calls: $40.67 per call

Specify exclusivity of license option (see 'Scope'
below) granted upon signing the agreement.
9. License option Yenny Jimenez M Additional aspects of technology may be licensed
later (improvements, nextgen products, patents,
etc.) if specified in the license agreement.
In the case of a licence option, agree the term to
allow time for the licensee to do due diligence on
the patent applications and the technology and
10. Option term on
Yenny Jimenez M specify the event that triggers an exercise of the
license
option – usually, the request of the licensee by a
specific date, or on the submission of an evaluation
report or some other action.
The licensee is interested, but may not be ready to
take a licence, so the licensor may decide to offer a
right of first refusal – that is, on receiving an offer
11. Right of first
Yenny Jimenez M from someone else, he has to offer the licence to
refusal
the first party. If the first party rejects the offer,
then he can accept the second offer and grant a
licence to the second party.
The licence should be made as specific as possible
by using several parameters to define its restricted
scope – for example, by agreeing territories, fields
12. Scope of License Yenny Jimenez M
of application and the degree or type of exclusivity
given, if any (see ‘Application’ under ‘Exclusivity’
below).
Can be granted without giving away exclusive
rights to the whole IP. Different kinds of exclusive
13. Exclusivity Yenny Jimenez M rights can be divided out by defining specific
rights that fall within the following terms:
Application, Territory, Duration.
This section should specify the liability of each
party in case of breach of the agreement or any
Victor Andres
14. Liability damages caused by either party. We propose that
Marmol Aranzazu
each party will be liable for any damages caused
by their own negligence or willful misconduct, and
 that liability will be limited to the fees paid under
this agreement.
This section should specify any warranties related
15. Warranty on to the licensed patents. We propose that we will
Victor Andres
provide a warranty that the patents licensed to the
Marmol Aranzazu
License Patents other party are valid and enforceable, and that we
have the right to license them.

This section should specify the ownership of the

intellectual property created during the execution
Victor Andres of the agreement. We propose that we will retain
16. Ownership of IP
Marmol Aranzazu ownership of all intellectual property created by us
prior to the agreement and any improvements
made to it during the agreement, and that the other
party will retain ownership of any intellectual
property created by them prior to the agreement.
This section should specify the ownership of any
improvements made to the intellectual property
17. Ownership of
Victor Andres during the execution of the agreement. We propose
Marmol Aranzazu that any improvements made to the intellectual
Improvements
property during the execution of the agreement
will be jointly owned by both parties.
MARIA LEONOR The company or client undertakes not to infringe,
AGUAS copy, modify, distribute or use Kerui Company's
MARTINEZ technology, products or services in an
unauthorized manner, as well as to respect its
18. Infringement intellectual property rights. In the event of any
infringement, the company or client shall
indemnify Kerui Company for the damages
caused, as well as immediately cease the infringing
conduct.
MARIA LEONOR The contract may be terminated by either party in
AGUAS the event of serious or repeated breach of
MARTINEZ contractual obligations, upon 30 days' prior written
notice. Likewise, the contract may be terminated
19. Termination by mutual agreement of the parties or by force
majeure preventing the execution of the contract.
Upon termination of the contract, the parties shall
return or destroy all confidential information and
materials provided by the other party.
MARIA LEONOR The contract shall be governed by and construed in
AGUAS accordance with the laws of the People's Republic
20. Choice of law
MARTINEZ of China, without prejudice to any conflict of laws
rules that may be applicable.
 MARIA LEONOR Any dispute, controversy or claim arising out of or
AGUAS relating to the contract or its breach, termination or
MARTINEZ invalidity shall be submitted to mediation by a
neutral third party, chosen by mutual agreement of
21. Dispute
the parties, prior to any legal action. If mediation
Resolution
fails to resolve the dispute within 60 days, the
parties may submit the dispute to the exclusive
jurisdiction of the competent courts of Beijing,
China.

BILLBOARD
The group will help the company or enterprise selected at the beginning, to commercialize the
technological innovation proposed. For this, each student prepares a billboard made by hand that
will be used as a visual aid, the tittle will be the proposed innovation and they must answer the
next questions:
 A brief description of the proposed innovation
 How are you protecting the IP generated from the proposed innovation?
 How are you valuating the proposal?
 Under which conditions are you going to commercialize the value proposal?
MARIA LEONOR AGUAS MARTINEZ

- The innovation proposal consists of an artificial intelligence system that optimizes the
performance and efficiency of industrial processes by analyzing data, detecting anomalies,
predicting failures and generating recommendations. The system is adaptable to different sectors
and scenarios, such as energy, mining, manufacturing, logistics, etc.

- The IP generated by the innovation proposal is protected through patent registration, use of
licenses, establishment of confidentiality agreements and implementation of IT security measures.
Kerui Company is the exclusive owner of the IP and grants the company or client a limited, non-
exclusive, non-transferable license to use the technology, products or services, in accordance with
the terms and conditions of the contract.

- The valuation of the proposal is performed using the net present value (NPV) method, which
consists of calculating the present value of the income and expense flows expected to be obtained
by the innovation proposal, discounting an appropriate interest rate. The NPV is compared to the
initial investment cost to determine the profitability of the proposal

The conditions for commercializing the value proposition are as follows:

o The company or client shall pay Kerui Company a fixed fee for the installation and
implementation of the artificial intelligence system, as well as a variable fee for the use and
maintenance thereof, based on the agreed performance indicators.
o The company or client shall provide Kerui Company with access to the data necessary for the
operation and improvement of the artificial intelligence system, respecting the applicable privacy
and data protection rules.
o The company or client shall comply with the technical specifications and quality requirements
established by Kerui Company for the correct operation of the artificial intelligence system, as
well as with the safety and environmental regulations in force.
o The company or client shall inform Kerui Company of any problem, incident or suggestion
related to the artificial intelligence system, and shall cooperate with Kerui Company for its
solution.
MARIA FERNANDA PUENTES VARGAS
VICTOR ANDRES MARMOL ARANZAZU
SOFI ALEJANDRA RAMIREZ MARTINEZ
YENNY JIMENEZ MORENO

WIX
https://marmolvictor762.wixsite.com/valoraci-n-y-negocia/about-3-1
CONCLUSIONS
In conclusion, mastering the art of negotiating intangible assets is essential in the contemporary
business environment. Through this learning outcome, participants will be well-equipped to
navigate the complexities of intangible asset negotiations, from understanding the nuances of
various assets to crafting agreements that foster mutually beneficial outcomes. The skills gained
will not only contribute to individual professional development but will also enhance the overall
efficiency and effectiveness of business negotiations in the realm of intangible assets.