Negotiation

Someone has decided to buy your technology. Now what?

Every intellectual property commercialisation process is built on a series of successful negotiations, which typically result in:

• outright intellectual property sale
• royalty bearing licenses
• joint venture developments, or 
• manufacturing and distribution alliances.

However many technology owners and organisations have little direct experience in commercial negotiations around technology and intellectual assets. This puts you at risk of jeopardising this critical stage of commercialisation and therefore the commercial success of the entire process. 

Our highly experienced intellectual property negotiation team will help you to maximise your returns by providing objective, insightful and robust advice to help you successfully close the deals that will drive your commercialisation forward. 

We work with clients to develop a clear framework for guiding discussions and negotiations to ensure that objectives and deal parameters are aligned with your broader goals. Understanding the other side’s approach and perspective is also critical to structure a deal that will be acceptable to both parties.

A critical aspect of the process involves defining the key commercial terms of the negotiation, including:

• whether the arrangement will be exclusive or non-exclusive
• what commercial warranties should be given
• who will own improvements to the intellectual property
• which territories will be included
• the sale price, product price or royalty rates, and 
• the deal’s duration

Even a relatively straightforward marketing and distribution agreement will need to consider all these terms and more. We will work with you to explore and leverage each factor to create the best possible outcomes, considering the parties’ respective position and strengths.

Once the terms are defined we can assist in the actual negotiation process, advising on developments as they occur and as positions change. Negotiation is always dynamic but the objective should be to manage the process to produce a good deal on a timely basis rather than getting bogged down in endless discussions.

Contact us for a no-obligations discussion on how we can help you negotiate a great deal on your intellectual property or technology.