You are on page 1of 11

VALUATION AND NEGOTIATION OF TECHNOLOGY

STAGE 4 - STAGE 4 COMPREHEND IT NEGOTIATIONS

PRESENTED BY

CAROL YINET NOVA

JOSÉ BONIFACIO VEGA

JOHN SEBASTIAN CRISTANCHO

NELSON EDUARDO PALACIOS

GRUP:212032_79

INGRID TATIANA GOMEZ

DIRECTOR

UNIVERSIDAD ABIERTA Y A DISTANCIA UNAD

INGENIERÍA INDUSTRIAL

MAYO 2023

1
Introduction

Before any exchange of agreement templates begins, it is essential that a ‘Heads of Agreement’ is
discussed and that agreement is reached on each of the important aspects of the planned interaction,
be it a research collaboration, a licence agreement, a licence option agreement, patent exploitation
agreement, or other. The following section provides a template for a licence agreement, with some
prompters on the key elements that should be discussed between the parties to establish the main
points of the agreement.
The Heads of Agreement typically are a set of bullet point headings, under which the parties are
expected to discuss and complete in their own words (or brief bullet points) the decisions they have
reached on each item.

2
OBJETIVO GENERAL

The process of negotiation is frequently informal and, typically, is not completed in a single

meeting of the parties around the table. More usually, the parties meet several times to

discuss the technology. When they decide to enter into a formal licence arrangement,

specific individuals from the team with a combination of technical and legal expertise are

introduced on both sides to complete the deal and to sign a formal agreement.

3
Objectives
• Prepare technology assets negotiations promoting innovative businesses competitiveness.

• Design a pow toon presentation, explaining the concepts of the document Head of Agreement.

• To make a video with the classmates showing the development of the activity.

4
Activities Assignment and Work Responsibilities
Group Number: 212032_79
Unit name: Stage 4 Comprehend IT negotiations
Selected topic Student name
Group 1: Parties, Start date, Duration,
Nature of the Licensed IP, Jose Bonifacio Vega
Work Schedule
Group 2: Costs, Royalties, Payment Nelson Eduardo Palacios
Schedule Lump sum/royalties
Group 3: License options, Option term on
license, Right of first Carol Yinet Nova
refusal, Scope of license, Exclusivity
Group 4: Liability, Warranty, Ownership
of IP, Ownership of John Sebastian Cristancho
Improvements
Student chosen to submit the
final document to the Evaluation
Environment

Head of Agreement document for the commercialization of the


(services focused on satisfying the needs of our clients.)
Group Number: 212032_79

Date: May 6, 2023


Contract clause defining the
Student in
Item proposal for the
charge
commercialization of the
value proposal
Licensing Party: ETB
1. Parties Jose Bonifacio Vega
Licensee Party: PHONEMASTER
5
2 Start date Jose Bonifacio Vega Saturday,May 7, 2023

3 Duration Jose Bonifacio Vega 2 year


High speed internet transmission
4 Nature of the Licensed technology owned by the Licensor that will
Jose Bonifacio Vega
IP allow the Licensee to improve the speed of
its services.
June 15, 2023: Evaluation of the Licensor's
high-speed internet transmission
technology by the Licensee.
September 14, 2023: Integration of the
Licensor's high-speed internet transmission
5. Work Schedule Jose Bonifacio Vega technology into the Licensor's internet and
television services.
October 2, 2023: Launch of Licensee's
enhanced internet and television service
utilizing Licensor's high-speed internet
transmission technology.
According to the value proposition, the
6. Costs Nelson Eduardo Palacios costs are borne by the work group.
Lump sum/royalties, the aim is for the
7. Lump sum/royalties Nelson Eduardo Palacios company to receive the lion's share, and to
improve resources
Payment Schedule, starts once the proposal
8. Payment Schedule Nelson Eduardo Palacios
phase is completed, May 08, then monthly.
. License options, will be the one projected
9. License options Nelson Eduardo Palacios in the application process, and is
developed according to the project.
with respect to the license and operations
management service of Phone Master
(hereinafter referred to as "Software"). We
hereby remind you to read this Agreement
carefully and fully understand the terms
10. Option term on license
Carol Yinet Nova and conditions herein, especially the
Disclaimers, Limitation of Liability,
Privacy, Usage Rules, Applicable Law,
Dispute Resolution, and other sections that
may apply. been highlighted in bold or
capital letters for your attention. You must
6
have reached the age of majority for the
legal jurisdiction in which you reside to
access and sign this Agreement. If you
have not reached the age of majority, your
guardian must accept or sign this
Agreement and not use Phone Master or
the relevant services unless your guardian
has given your explicit consent.
The Service under this Agreement: means
the various mobile phone management
services we provide to you through Phone
Master, such services including, but not
limited to, cleaning up junk, increasing
11. Right of first mobile phone speed, antivirus, data usage
Carol Yinet Nova
refusal, management, internet speed saver,
harassment detection blocker, battery
management, autostart management,
notification management and other
relevant mobile phone management
services
Scope of this Agreement. This Agreement
applies to all products and services
provided by Phone Master, including
applications, applets, websites, SDKs for
12. Scope of License Carol Yinet Nova
third-party websites or applications, APIs
and other forms they may have in the
future, and refer to the specific services
provided by Phone Master.
to the extent not prohibited by applicable
law, in no event shall us, our affiliates,
senior management, directors, employees
or agents be liable for any direct, indirect,
incidental, special, consequential or
exemplary damages, including but not
limited to damages for loss of profits,
13. Exclusivity Carol Yinet Nova
goodwill, use, data, business interruption
or any other intangible damages or losses,
arising out of the following reasons,
however caused, regardless of the theory
of liability (contract, tort or otherwise) and
even if we have been advised of the
possibility of such damages: your use or
7
inability to use the service; the
unauthorized access to or alteration of your
transmissions or data; the deletion of,
corruption of, or failure to use your
transmissions or data on or through the
service; statements or conduct of any third
party on the service; and any other matter
relating to the service. some jurisdictions
do not allow the exclusion or limitation of
liability for personal injury, or of
incidental or consequential damages, so
this limitation may not apply to you
As owners of the license we will be
14. Liability
responsible for any defect, damage that our
John Sebastian Cristancho
intellectual property presents.
it is guaranteed that we are the legitimate
15. Warranty on
owners of the innovation that we intend to
License Patents
John Sebastian Cristancho offer, therefore we have the right to grant
patent rights.
a correct written work schedule is ensured
with the well-defined description of the
16. Ownership of IP
John Sebastian Cristancho work, the intellectual property provides
property declarations for each of these.
If improvements are made independently
in the future, the possibility of negotiating
17. Ownership of
a provision for a non-exclusive and
Improvements John Sebastian Cristancho
royalty-free license for the improvement
will be considered.
as licensees we have the option to take
18. Infringement John Sebastian Cristancho
action if there are cases of patent infringers
Agreement must be terminated in case of
19. Termination John Sebastian Cristancho material breach, receivership, change of
control
20. Choice of law
21. Dispute
Resolution

8
Students Link to presentation of PI en PowTown
Jose B Vega https://www.powtoon.com/s/dGwCyN8BJfq/1/m/s
Pinto
Nelson E https://www.powtoon.com/html5-studio/#/edit/bqG31DTQ6UK
Palacios Torres
John Sebastian https://www.powtoon.com/s/flPcemq48iK/1/m/s
Cristancho
Carol Yinet Nova
Salazar

Watch my Powtoon: Student Resume

Link video of reunion by zoom


https://youtu.be/jSOwGI3M9rw

9
Conclusions

- Through the development of the document, Head of agreement, it was possible to develop and understand the
main concepts necessary to be able to reach a negotiation agreement at the time of negotiating the technology
with the partners, this will allow us to become competitive in the business world .

- As future engineers we are able to understand the importance of intellectual property and we learned the
necessary tools to negotiate our innovation, whether they are patents, registered trademarks, copyrights, etc.

10
BIBLIOGRAPHY
John P Mc Manus. (2012). Intellectual Property : From Creation to Commercialisation: A Practical Guide for
Innovators & Researchers. Oak Tree Press.
https://bibliotecavirtual.unad.edu.co/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=nleb
k&AN=1008965&lang=es&site=eds-live&scope=site&ebv=EB&ppid=pp_136

European Union (2012). Fact Sheet How to deal with IP-related issues in transnational
negotiations. https://wbc-
rti.info/object/document/10772/attach/How_to_deal_with_IP_issues_in_transnational_negotiations_0.pdf

World Intellectual Property Organization (WIPO) & International Trade Centre (ITC), (2010). Exchanging
Value – Negotiating Technology Licenses, A Training Manual (pp 32-
41). https://www.wipo.int/edocs/pubdocs/en/licensing/906/wipo_pub_906.pdf

Virtual information object

Gómez Rodríguez, I (03,06, 2022). Head of Agreement and its importance. [OVI].
https://repository.unad.edu.co/handle/10596/49273

Virtual information object

Triana Ortiz, K. (06,12,2018). Technologic Contracts. [OVA]. http://hdl.handle.net/10596/22751

11

You might also like