Negotiation Techniques for Warranty and Enforcement Clauses in International Licensing Agreements

The pre-negotiation planning procedure shows that information for the planning steps is needed from marketing and production personnel, lawyers, researchers, engineers, management, and a licensing specialist. A licensor usually cannot afford to have all of these personnel present at the negotiating sessions. A licensing negotiation proceeds most efficiently when the negotiating team includes people who are familiar with marketing the licensed product and experienced in the technical details of the subject matter to be licensed. A lawyer is also necessary to provide legal advice during negotiations and draft or review the negotiated agreement.

There are some situations in which an individual familiar with the technology can fill more than one of the three roles. The scope of discussion during licensing negotiations is usually free-wheeling with fast shifts in subject matter. If one side does not have an experienced representative in at least one of these fields at a negotiating session, effective discussion and resolution of issues becomes difficult.