Glossary

Licensee/Partner Due Diligence

It is essential to know as much as possible about your potential partner before entering negotiations. With any potential partner overseas and particularly in some countries including Japan, New Zealand and India, you may find this difficult. Highbury works worldwide and has partners who can help you source the required data and prepare the negotiation or, if you wish, undertake the negotiation on your behalf.

Planning for negotiations

Successful negotiations require careful planning. The negotiation planning process will vary according to what stage has been reached and the territory in which the negotiations will be undertaken. Highbury can assist you through the negotiation planning process by ensuring that:

Team building

You should be quite clear before the negotiation what role will be undertaken by you and/or those in your team and what should or should not be divulged. Highbury provides specialist negotiation training and planning born out of years of experience in Japan, South Korea, Iran, USA, Canada, Europe, India, Singapore, Australia and New Zealand.

Managing the negotiation

Negotiations can be stressful and can get out of hand. The experience, and knowledge of the Highbury team and the negotiation planning and training we can provide will assist in producing a successful negotiation.

Territorial Strategies/Cultural Differences

Highbury understand the cultural needs and differences of overseas companies and can advise clients of the very different expectations from the negotiation process amongst different cultures.

Building a winning Strategy

There are many views concerning the correct strategy to take from the onset. Highbury believes in working towards a win-win strategy from the start.

Partnering strategy

Highbury can help you answer a number of critcal questions about your partnering strategy:

Sourcing/finding suitable partners

Do you have access to lists of potential partners? Are you able to devise the initial non-confidential data pack and follow this up with Confidentiality Agreements, Evaluation Agreements and Option Agreements? If not contact Highbury for an initial, no obligation discussion about what we can do for you.

Dealing with confidential material

Will you need to put a two-way Confidential Disclosure Agreement in place or will you need to comply with specific territorial laws? Do you know what length of time your Agreement should cover and just how onerous should the obligations be on the receiving party? For advice on dealing with confidential material you can telephone Highbury for an informal, no-obligation discussion.

Deal management

Deal implementation requires time and often travel, and the deal does not automatically fall into place once the commercial agreements have been signed. In order to speed up the route to market and build goodwill the transfer package should have been identified. For more information call Highbury for an informal, no-obligation discussion.

IP Audits

Many licensees fail to reimburse the licensor at the correct rate. This is often due to an oversight by the accounts department particularly when they are not involved at the time the agreement is entered into. Highbury use tried and tested processes to ensure that the required levels of authority are aware of the financial obligations on the licensee and to ensure that payments are made tax efficiently and on time.

Building for the future

For a small company, maintaining a positive business development flow can be a costly and time consuming process. Business development success hinges on growing your IP portfolio with commercial expertise, building your licensee and partner relationships, ensuring that you maintain and grow your financial and commercial partner contacts and run an efficient business.. Highbury use a number of business aids to maximise resources and access the most efficient business development steps for your company and technology.