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indry pidiache

Created on April 25, 2024

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Transcript

Group 3

"Head of Agreement"

  • Right of first refusal
  • License options
  • Option term on license

The right of pre-emption consists of the priority or first choice given to a person or a group of persons to enter into a legal transaction.

The option is granted on signing of the agreement. If the main agreement is a licence agreement, there may be an option in the licence agreement to licence some further aspects of the technology

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 specify the event that triggers an exercise of the option .

Example:
Example:

The licensor will rely on other people in case the licensee cannot obtain the license

The agreement will be made with only one license option and will be exclusive granting signature between the agreed parties.

Example:

The deadline given to complete the procedure will be until 05/15/2024

  • Scope of license

Why is the Head of Agreement document important in a technology negotiation?

It specifies how the intangible asset can be used and whether there are any limitations or restrictions.

  • Exclusivity

It is important because this way you will be able to have a clear objective of agreeing between both parties on how a technology that wants to be successful will be delivered, likewise neither party will lose time or money to carry out a negotiation since there will be a contract with the agreed terms.

Exclusivity is a strong clause in which certain products or services can only be offered or acquired by one entity, depending on the context and the agreement in each contract; This ensures a long-term relationship.

Example:

The fields of application will be exclusively agreed upon, with the licensee being the only authorized user of the IP and granting the license since it is the only legal entity to which it will be granted.

Example:

The licensor will have exclusive use of the application and will also grant use to the licensee, but the licensee may not sell it to other entities.

Name: Indri Gisela Pidiache MendibelciGROUP: 212032_182 DATE: 26/04/2024