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Areas of Potential Disputes

This article explores potential disputes in industrial relations at EPFL's Industrial Relations Office, discussing issues related to licensing agreements, royalties, cross-licensing, patent litigation, and managing infringements of licensed products. It provides insights on strategic decision-making and the importance of clear communication and trust-building.

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Areas of Potential Disputes

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  1. Areas of Potential Disputes Françoise Chardonnens Industrial Relations Office Ecole Polytechnique Fédérale de Lausanne

  2. EPFL’s Statistics • 6’200 students • 265 professors • 1800 scientific staff • Budget : CHF 547 millions of which 25% from external sources

  3. Industrial Relations Office(2004) • Staff : 7 • Research agreements : 254 • Invention disclosures : 60 • Priority patent applications : 41 • License agreements :41 • Start-ups : 8

  4. “Sideground” IP • Multiple sponsored research projects • A day-to-day issue • Strategic decisions needed • Exclusivity vs non-exclusivity

  5. Royalties • « x % of the Net Sales » • Define licensed products / processes • Address different scenarios • Arms’ length conditions • Minimum royalties

  6. Program of non-exclusive licenses • Improvements  patent litigation between licensees • Impose cross-licensing • Licensor to avoid “arbitrator” position

  7. Infringements of Licensed Products • Plurality of licenses • Which obligations for the licensor ? • Which rights for the licensees ?

  8. Some keys • Be sure to have same understanding • Build trust with your partner • Avoid overstatements • Address problems early

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