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Technology Transfer Tactics

Technology Transfer Tactics. NEGOTIATION STRATEGIES. Zachary Miles, Esq , Deputy Director. Technology Transfer Tactics January 29, 2013. What are we talking about?. Tactics people use is negotiations High Hat WhipSaw Good Cop, Bad Cop Ways to combat these tactics All about Preparation

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Technology Transfer Tactics

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  1. Technology Transfer Tactics

  2. NEGOTIATIONSTRATEGIES Zachary Miles, Esq, Deputy Director Technology Transfer Tactics January 29, 2013

  3. What are we talking about? Tactics people use is negotiations High Hat WhipSaw Good Cop, Bad Cop Ways to combat these tactics All about Preparation Setting Expectations Transparency Unintended consequences Never do a deal again Lack of trust Reputation Legal Issues

  4. Complain to your boss the deal is stalled, ask them to appoint someone else or handle the deal personally Blame your inexperience, lack of flexibility, or lack of authority Usually keep the door open for a follow-up with the boss, to keep you on edge To block it: make sure the boss knows and trusts you, and knows such tricks are used! The High Hat

  5. Can happen if licensee is funding the lab You think the negotiations are going well They tell the inventor you are screwing up the deal, threaten to cut off funding The inventor blasts you (or your boss!), pressures you to back down To block it: Tell the inventor to expect the call! Ask them to express confidence and refer back to you The Whipsaw

  6. One is demanding, confrontational, stubborn; the other is supportive, kind and friendly Good cop is equal to or works for the bad cop The fallacy: the good cop is trying to help you satisfy the bad cop! To counter: two ways, based on authority: Ignore good cop, force bad cop’s hand Ignore bad cop, concede little to good cop Good Cop, Bad Cop

  7. Ways to Combat These Tactics PREPARATION • Find out a bit about the person or organization you are dealing with. • Reputation • Other types of deals they have done • Have a standard set of terms for industry specific techs • Commercial norms • Past agreements you have done • Standardized Agreements • CDA • License • Term Sheet

  8. TERM SHEET (EXAMPLE)

  9. Ways to Combat These Tactics SETTING EXPECTATIONS/TRANSPARENCY UNDER-PROMISE OVERDELIVER !!! • Get everyone on the same page from your side • VP, OGC, OSP, IRB, COI, whatever it takes • What is being licensed • What type of IP • What can or can not be negotiated (dangerous as you can negotiate against yourself) • Who has to be involved • Who can sign • Who has to review • Timing • When you will get back to them • How long negotiations will take

  10. UNINTENDED CONSEQUENCES • Never Do a Deal Again • If it is a good deal may have to convince “boss” due to prior history • Lack of Trust • Always wondering • Overcautious? • Legal (I am not your attorney, seek your counsel  ) • Bad Faith • Verbal Agreement • De Facto Agent • Reputation • It’s a small world • Difficult if not impossible to repair

  11. THE END QUESTIONS??

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