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S T E P 2 - A N A LY Z E M A I N A C T O R S A N D C O N C E P T S T O

C O N S I D E R I N A T E C H N O L O G Y N E G O T I AT I O N

P R O D U C E D B Y:
A L E X A N D E R B L A N Q U I C E T T A R R O YAV E
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P R E S E N T E D T O :
K A R L A T R I A N A
T U T O R

U N I V E R S I D A D N A C I O N A L A B I E R TA Y A D I S TA N C I A “ U N A D ”
B A S I C S C I E N C E , T E C H N O L O G Y A N D E N G I N E E R I N G S C H O O L
I N D U S T R I A L E N G I N E E R I N G
VA L U AT I O N A N D D E A L M A K I N G O F T E C H N O L O G Y
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2 . P O S T O N T H E C O L L AB O R AT I V E AN D L E AR N I N G F O R U M T H R E E C O N C E P T M AP S
OF THE CONTENTS OF THE FOLLOWING REFERENCES:
• 3.1. Patents:
What is a patent?
The patent is a property title granted by the government of a country, which gives its owner the right to exploit and temporarily prevent others from
manufacturing, selling or commercial use of the protected invention.
What is the competitiveness regulatory agency of the Government of Colombia in charge of acting as the Colombian patent and registration
office?
In Colombia, the entity in charge of granting patents is the Superintendence of Industry and Commerce whose main offices are in Santafé de Bogotá D.C.
In this entity you can acquire folders for applications for Invention Patents, Utility Models and / or Industrial Designs. This entity is also responsible for
registering trademarks, whether registered (name), origin (by city, region or country), mixed (mixed nominative and origin), or commercial brands (names for
warehouse premises).
The invention patent is granted for 20 years, counted from the request. After this period expires, the protection of the state ceases and the invention becomes
the patrimony of humanity.
What is a utility model patent?
It is a title of property that is granted to any new form, configuration or arrangement of elements, of any artifact, tool, instrument, mechanism or other object or
of any part of it, that allows a better or different operation, use or manufacture of the object that incorporates you or that provides you with some utility,
advantage or technical effect that you did not have before.
The Utility Model patent is granted for a term of ten (10) years, counted from the date of presentation of the application.
It can be the object of a Utility Model Patent: an artifact, tool, instrument, mechanism or other object or some part of it.
Is a patent valid in every country?
Patents are territorial rights. In general, the corresponding exclusive rights are only valid in the country or region in which the application has been submitted
and the patent has been granted, in accordance with the regulations of that country or region.

How long does an innovation patent last?


But normally this time is usually 10 years for brands, and double (20 years) for patents.
How long does a utility patent last?

The utility model lasts 10 years from the date of application for the utility model. Once this period has elapsed, the invention will become a domain public.

Visit the Database Patentscope


(Link: https://patentscope.wipo.int/search/en/search.jsf ),

Where you can search 66 million patent documents including 3.2 million published international patent applications. Over there, it is possible to have access to
the whole document that described every patented innovation, requested to the WIPO.

In order to understand how it works and how you can use it to research about your own interests, perform a search for the following key words and take a
screenshot:
“Method and System for Searching for Pet”
• 3.2. Copyrights:
What is copyright?
Consequently, copyright is a human right that regulates the subjective rights of authors and owners of their works. Copyright and related rights are of a moral and
patrimonial nature.
Protected works include, among others, the following: novels, poems, plays, newspapers, computer programs, databases, films, musical compositions,
choreographies, paintings, drawings, photographs, sculptural works, architectural works, advertising, maps , technical drawings, works of art applied to the
industry.
What is the difference between moral and property rights?
The Moral Rights in the Author's Right consist in the recognition of the paternity of the author on the work done and the respect to the integrity of the same. This
right gives the author the power to:

• 1. Require that your name and the title of the work be mentioned each time it is used, published or disclosed;
• 2. Oppose the transformations or adaptations of it if this affects your good name or reputation;
• 3. Leave the unpublished work or publish it anonymously or under a pseudonym;
• 4. Modify the work at any time and withdraw it from the circulation, after paying the compensation that may arise.

These rights appear at the moment of the creation of the work, without the need for registration and are the author's personal and irrevocable, so they can not be
alienated, or seized, do not prescribe and are of unlimited duration.

For its part, the Patrimonial Rights in the Copyright, consist of the faculty of taking advantage of and disposing economically of the work by any means, therefore
they can be renounced or seized, they are prescriptive and expropriable.

The different ways of using a work are independent of each other, such as: copy, reproduction, public presentation, translation, adaptation, etc. On these forms of
use, the author or owner of the economic rights may assign (give rights to another person) or authorize their use (give a permit but without assigning rights) for
each of them and considering time limits, coverage and economic retribution.
What is the competitiveness regulatory agency of the Government of Colombia in charge of copyrights registration?

The National Directorate of Copyright is the institutional body which is responsible for the design, management, administration and execution of Government
policies on copyright and rights connected In this capacity, it has the institutional call to strengthen the due and adequate protection of the various holders of the
right of author and related rights, contributing to the training, development and support of a national culture of respect for the rights of various authors and
owners of literary and artistic works.
What can be protected in Colombia, using copyrights?
Protected works include, among others, the following: novels, poems, plays, newspapers, computer programs, databases, films, musical compositions,
choreographies, paintings, drawings, photographs, sculptural works, architectural works, advertising, maps , technical drawings, works of art applied to the
industry.

3.3. License agreements:


What is a license agreement?
A license agreement is an association between an intellectual property rights holder (licensor) and another person who is authorized to use those rights
(licensee) in exchange for a pre-agreed payment (fee or royalty). There are different types of licensing agreements that can be broadly divided into the following
categories:

• Technological license agreements


• License agreements and franchise agreements on trademarks
• License agreements on copyright.
3.4. According to the Practitioner’s Section Patent License Negotiation: Best Practices reading, answer the following:
Define the following concepts related to the phase Preparing to negotiate: team, initial team meeting, term sheet, deadlines, groundwork for open dialog
TEAM

It also means the set of people who perform the same work, scientific, social, etc. In this sense, it is a group that interacts, discusses and thinks in a cooperative
and coordinated way, because they have a common goal. So that it is not a simple group they must be coordinated and have a goal to fulfill.
INITIAL TEAM MEETING

The objective of this meeting is to facilitate the transfer of information and collaboration among team members to increase their productivity, by highlighting points
where they can help each other and achieve the proposed objectives.

TERM SHEET

A Terms Sheet, known in international jargon as Term Sheet, Letter of Intent or Memorandum of Undesranding (and all its variants) is a document (can be binding
or not) that sign the future parts of a business and will serve as a guide to reach a final agreement on a certain business

DEADLINES

These are the times that are set in the negotiation process, to comply with the agreements between the parties.

GROUNDWORK FOR OPEN DIALOG

To take the word you have to ask for it by raising your hand. It is important to establish the turn of speech that brings order, commitment and listening.

There are no separate conversations with the one next door. While someone makes use of the word, we must be silent in order to listen but also because in the
process of dialogue the group is the area of ​reflection, privacy is left for another time. Likewise, the speaker takes the group, not the coordinator.

Speak clear. Make an effort to be concrete and brief in a way that facilitates everyone to build on the ideas contributed by others.

Which are the six steps to take into account in the phase Negotiation.

The preparation:

In the preparation phase, it is necessary to define what is to be achieved and how to achieve it, establishing the own objectives, what types of discounts can be
offered in case of need and to what extent it is possible to give way; It is very important to try to discover the objectives of the opposite.

The discussion

As has been said, people negotiate because they have or believe they have a conflict of rights or interests. In this phase that is normally called conversation,
exchange or presentation, trying to remove aggressiveness from the word discussion, the topics that separate the parties to explore their attitudes and interests
are explored. It is very similar to the stage of determination of needs that is practiced in the sale.
The signs:

As has been said, in the negotiation positions are moving, sometimes approaching and others, on the contrary, distancing themselves. The signal is a means
that the negotiators use to indicate their willingness to negotiate about something, it is a message that has to be interpreted by the one who receives it; often the
statements made in the early stages of the negotiation are of an absolute nature, such as: "we will never grant the discount you ask us", "it is absolutely
impossible to accept this form of payment", "we can not consider that proposal »

The proposals

Proposals are what is being negotiated, discussions are not negotiated, although

Proposals may be the subject of discussion. It leaves the discussion by a signal that leads to a proposal, that is, to an offer or request different from the initial
position; risky offers should be avoided in the first proposals, and these should be cautious and exploratory because, in any case, they will be developed later
and are likely to be accepted.

The Exchange:

This phase is the most intense of the entire negotiation process and requires great attention on both sides, since it is about getting something in exchange for
giving up something else. Any proposal or concession must be conditional, that is, for everything that is granted, something must be obtained in return.

The closing and the agreement:

As is logical, the purpose of the closure is to reach an agreement. Just like when we talked about closing the sale, also in the negotiation it must be done safely
and firmly, and to be accepted it must satisfy a sufficient number of the needs of the other party. In any case and as in the sale, there are two types of closure:

Closing by concession. It is the most frequent form in negotiations; It is equivalent to finishing the exchange phase by offering a concession to reach an
agreement.

Close with summary. After closing with a concession, it is the most used type of trading closing. At the end of the exchange phase, a summary is made of all the
agreements reached so far, highlighting the concessions we have made on our part and underlining the advantage of reaching an agreement on the pending
issues.
4. Each student has already chosen a case from Step 1 – Understand general concepts within the framework of the problem. (There were 5 cases, so,
each student selected a different case).
MicroToxMap (Chile)

Identifying the technology innovation that was developed, If you were the owner of this technology, and you were interested in protecting it, in order
to be commercialized, What kind of protection should be applied: patent or copyrights? Explain the reasons according to the contents studied.

PATENT

Copyright protects the author's original works, while a patent protects inventions or discoveries.
REFERENCES •

https://encolombia.com/economia/empresas/queesunapatente/
http://www.javeriana.edu.co/sinfo/patentesColombia.htm
http://www.volartpons.com/?mod=cuanto-dura-proteccion-modelo-utilidad&lang=es
https://patentscope.wipo.int/search/en/search.jsf
http://www.iered.org/miembros/ulises/representacion-ideas/Derechos-
Autor/derechos_morales_y_patrimoniales_en_el_derecho_de_autor.html
https://www.propiedadintelectual.gob.ec/como-registro-derechos-de-autor-y-derechos-conexos/
http://www.wipo.int/export/sites/www/copyright/es/registration/replies/pdf/colombia.pdf
http://www.wipo.int/sme/es/ip_business/licensing/licensing.htm
https://es.wikipedia.org/wiki/Patente
https://diccionarioactual.com/equipo/
http://www.capitalprivado.com.mx/2011/06/16/temas-clave-de-capital-privado-la-hoja-de-terminos/
http://www.marketing-xxi.com/tecnicas-y-procesos-de-negociacion-102.htm