UNIT 2: STEP 2 - ANALYZE MAIN ACTORS AND CONCEPTS TO CONSIDER IN A TECHNOLOGY NEGOTIATION - INDIVIDUAL PART
VALUATION AND DEALMAKING OF TECHNOLOGY
212032_22
JORGE ANDRES GRANADOS CAMPOS CODE: 1118121014
TUTOR KARLA NATHALIA TRIANA
OPEN AND DISTANCE NATIONAL UNIVERSITY (UNAD) INDUSTRIAL ENGINEERING PROGRAM OCTUBRE 2017
ABSTRACT
The time has come to say, after reading and interpreting the different bibliographic sources that the protection of intellectual property has a high level of importance, because thanks to this we have the right to own our own invention and the right to the operational benefits that can they generate us Intellectual assets have their own characteristics, and these characteristics must be safeguarded and protected, so that if someone takes and steals this asset, we have the right to appeal to legal justice.
2. Summarize the contents of the following references in a few words. (Pages 133 to 135) Chen, Y., Bharadwaj, A., & Goh, K. Y. (2017). An Empirical Analysis of Intellectual Property Rights Sharing in Software Development Outsourcing. MIS Quarterly,
41(1).
Retrieved
from:
http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true &db=edselc&AN=edselc.2-52.0- 85016330247&lang=es&site=eds-live If we already know about property, copyright and its use, we must now identify the different types and methods of acquisition and contracting, aimed at achieving the correct contracting of property rights and vulnerabilities that may arise; the type of asset to be managed (materials, software, databases, derivatives, among others) must be taken into account and the characteristics that these assets have to be able to give them a value and generate the respective contract that facilitates the negotiation of this. It specifies the contracts that apply to software development, since these have unique characteristics, such as the type of investment, the type of market, the type of buyer, type of customer, etc. It can be said that software outsourcing is a risk, so you must have strategies that shield the contract and clauses that have these types of contracts. We have already said that Software development and development assets have unique characteristics, software development consists of several phases, which are study, data analysis, design, construction, testing, code debugging, launch and deployment; it should be noted that each phase or stage can generate intellectual assets. From the beginning of the development of the software is evident the work that is developed, since at the beginning of development must specify the functions of the program, the investment and compilation of data necessary for its operation; all use of subroutines, organizational charts and organization of the structure; then creates the source code for the machine language, which is in the backbone of the software. Once coding is complete, the software is tested and corrected for possible errors, a flame debugging detection and a large amount of data for the development of additional software. As a result, all the processes that participate in the creation of software have their own value and their sum to the value of the
main asset, since all these required effort, research, creation and use of algorithms, among others. Owners of intellectual property, in this case software, have full control over the use of their creation, may reserve the right of certain persons to use their property, such as excluding persons who use their property without consent. In this type of assets there is a socalled single property and co-ownership, which specifies the restrictions and rights of exploitation of intellectual property, that is, where the shares of assets are ceded or sold and the rules of participation to third parties. We also have the rights to use intellectual property, which specifies economic rights over property, such as reproduction, distribution, as already stated above, the owner of the intellectual property may authorize others to use, reproduce or distribute some or all of the intellectual assets for a limited period of time, as well as provide tools for restricting the use of your intellectual property if it so decides; it is important to clarify that the value of these assets depends on the business support, the innovation of the asset, and the value of the intellectual waste generated by it. (Pages 67 to 69) Lichtenthaler, U. (2007). The drivers of technology licensing: An industry comparison.
California
management
review,49(4),
67-89.Retrieved
from:
http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true &db=buh&AN=25995890&lang=es&site=eds-live The companies have to compete in a market that is constantly changing and evolving, but for this they must become companies that are at the forefront of technology, as this is an advantage against competition, that is why in innovating and creating technologies companies must safeguard these technological properties, since this assures them a tactical advantage in the event that someone wants to use these technologies without a previous license or license, we now have the licensing, which is to grant permits for the use of an intellectual property or of reproduction of a product with which that company is benefiting, but that upon licensing, the purchasing company may use the intellectual property for its benefit, which may generate negative effects on the company selling the license, such reason is of vital importance the detailed studies of the damages that this can generate us.
We can say that by generating an idea or a revolutionary product, we can own this intellectual property and then authorize or give permission for another person to use this idea; the licensing of technologies or intellectual property is a big bet of industrial companies, since they can see the development of their processes and products with the acquisition of such licenses, but as already mentioned above, a very detailed on the possible development of activities and their benefits in the future, that is why companies decide to create their own ideas and register them as intellectual property and have their own patents, avoiding setbacks when accessing other licenses and incidentally have their own assets intellectuals that would be for sale and would be a greater benefit. The creation of patents is a very lucrative market, and the offer of technological licenses offers strategic and financial opportunities in the industry, so companies are very dedicated to the creation of patents and obtaining licenses to improve their production activities. (Pages 89 to 96) Giordano-Coltart*, J., Calkins, C. (May 1, 2009). Practitioner’s Section Patent License Negotiation: Best Practices. Journal of Business Chemistry. Retrieved from: http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=buh&AN=3987 8183&lang=es&site=eds-live According to the text, licensing is very much in the areas of biotechnology and pharmaceuticals, the vast majority of technologies are marketed through licensing, which is why often small companies go to large companies to be part of their research and scientific advances. It is of great importance to understand that the success of these trade agreements depends on the success of the negotiations and the commercial relationship that is sought; each party must know what they are looking for, all this with the help of a team of specialists in the field, people with a broad knowledge of the subject; all these people make it possible for the negotiation to be a success and lend their abilities to unravel if one arrives at a dead end.
The negotiating team must identify and evaluate the interests of the parties, from the big company or even a small area of technology of a company, they must respect their interests as a fundamental part of the negotiation and they will be tangible or intangible. However, not only the interests of one of the parties but also the interests of the counterpart should be taken into account, the power to protect the patent and the position offered by the patent holder should be reviewed. case to the counterpart; perform a study of the rights of use to which our party can access, the rights over the by-products and whether this patent will also be acquired by third parties; detail the stages of development of the patent and see if there may be ways of filtering the portfolio, such as third party involvement, intervention and the use of other patents in the development of the patent itself; the evidence and the effectiveness of the patent; all of the above is synonymous with abrupt changes in the negotiation of patents, since these variables can generate discontent among the parties and the terms and conditions that benefit both parties must be generated. It should be mentioned that, as already mentioned, a list of terms that are vital for smooth negotiation should be generated, this list of terms should contain the main problems and actions to mitigate them and should contain specific terms, all to achieve favorable agreements and avoid misunderstandings in the negotiation. Among other documents required in the negotiation of patents, we have agreements of non-disclosure, which provide security to the information that is being exchanged, information on finances, expenses, improvements in the patent, guarantees, among others. We also have privilege agreements in case the parties intend to have legal options and avoid waiving the privileges of the client attorney; among these privileges we have the free exchange of information to avoid costly deviations. When writing a contract you should make sure to include the interests of both parties and be always available to change and modify the texts if necessary, so creating an initial draft is a good idea to make corrections if necessary and that parties are involved in its writing. The negotiation.
The implicit terms of a licensing agreement must take into account the fact that the parties can develop and improve patents, which must be stipulated in the contract, in addition if the purchaser of the patent has the funds, can negotiate and market the patent and compete in larger markets, and invest in technological improvements that would benefit. Terms of agreements We must consider the Valuation Methods and Methods to be used, we have the cost method, the market method and the method of income. The costs of technology production. The interest of the owner should be taken into account, since if the patent is not strong enough, it will show no interest in this Also consider the stage in which the patent is found, since if it is a patent without maturation, it will have to make investments for its full development and that can become a mature product. On the other hand we have the exclusivity and the field of application of the patent, since these define the course to follow. The terms of payment of these licenses are variable and may change according to the evolution of the patent and the common agreements between the parties 3. Review all contents, research on different sources and answer the following questions (one paragraph about 100 – 200 words long for each one): 3.1. How to register a patent application in Colombia? (Include process, fees and if it is necessary to hire a lawyer) A request is sent to the receiving office, who assigns the filing date, must have the complete documents necessary for the process (application, description, complaints, drawings of the article, if necessary) must be processed in accordance with the requirements of the PCT , should contain the title of the invention and the applicant's data, on the other hand, the description of the invention in the application must be very clear so that it can be reviewed by an expert; the claims must define "Why". The protection of this invention is requested, if drawings or graphics are needed, they should be very clear.
You must also present proof of payment at the rate set by the Superintendency, this procedure can be done without the need for a lawyer, but expediting this process is advisable when hiring a lawyer. The prices of patents vary according to the intellectual property to be patented and whether this process is done online or physically. The patent application (containing the right to file the first 10 claims) has a cost of 69,000 in line and 86,000 in physical and there are prices that reach up to 704,000, it should be clarified that this applies to national applications. 3.2. How to register a copyright application in Colombia? (Include process, fees and if it is necessary to hire a lawyer) The process varies according to the type of work, since there are records of literary, artistic, audiovisual, musical, software acts; this type of registration can be done face-to-face or online Face to face It must be taken into account that the work must be previously delivered on a digital medium (USB, CD, DVD) all this information must be labeled; if it is a printed work, it must be in letter or office size; the documents attached to the work as a document, legal representation document, public deed must be in PDF format; In addition, the form can not have studs or amendments and all works must be delivered in generic formats and documents must be foliated. The form must be completed without any mark or modification, if a registration is made as a legal entity, you must attach a copy of the camera and the commercial certificate, the form must be signed. After submitting the form, 15 days are expected. For this procedure a lawyer is not necessary, and according to the website, there is no cost in accordance with article 4 of Law 640 of 2001 Online.
You must enter the website www.derechodeautor.gov.co, then enter the works registry and online registration, remember to register with your email. After registering the user, you must choose the type of work and attach the corresponding one, as is the score in case it is a musical work, if it is art must send photographic evidence, for each feature of the work there is a form. It is necessary to attach the pertinent documentation to each job and user, after this the steps are followed and the data is accepted and only 15 days are expected. 3.3. What is applied to protect a software development in Colombia, a patent or copyrights? Copyright is applied because it is a set of instructions that allow the computer to perform a variety of operations and functions to obtain a result, which is understood as a programming language and Colombian law protects it as a literary work. 3.4. What is a license agreement? It is a contract that grants the right to exploit, use, while the patent holder retains the parts of their intellectual property right, can be summarized as a bilateral agreement for the use of intellectual property. 3.5. What is necessary to take into account in order to carry out a successful negotiation? (Describe negotiation process and actors) First, you must know clearly what kind of patent is licensed, whether technological, industrial, etc. We must also take into account that, in case our party wishes to own property rights, we must know that the assets of this type are owned by the company, what benefits brings us for the future, costs and costs, stages of development of this intellectual property; if our party is the one who wants to offer the license, you must verify the information of the company that you want to hire. Both parties must verify the clauses and conditions of the contract and the best agreement must be reached, it must be specified that it must be accompanied by a team of specialists in the subject, which will contribute to the consolidation of the contract
4. Describe what kind of protection should be applied to the chosen technology innovation case, explaining why and what is important to take into account. In my case I chose a recycling machine from the company CICLO, which recharges the card to travel by subway, must make a national patent registration by utility model, because it is this machine that recognizes the type of item to be recycled and provides a value monetary to the access card to the meter, that is why this type of patent should be applied, since this is a new shape or configuration of an artifact that already existed, only improved its operation and added things that other models did not have. 5. Read other group members answers to the technology innovation case question and give a relevant feedback.
CONCLUSION As a conclusion, we can say that the protection of intellectual property and inventions through the use of patents and copyrights is very useful for companies, because thanks to this, another company will not be able to take advantage of this invention, and if they wish to use this invention must make a license agreement to be able to use and exploit it, which would have an economic value that would benefit the inventor, of course, all this in a common agreement. This unit gives us many lessons about the possibilities, requirements, movements and strategies to use, should we ever have the opportunity to create innovations?
REFERENCES Giordano-Coltart*, J., Calkins, C. (May 1, 2009). Practitioner’s Section Patent License Negotiation: Best Practices. Journal of Business Chemistry. Retrieved from:http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=buh&AN=3987 8183&lang=es&site=eds-live
Murray, Ruggiero Jr (April 1, 2015). The laws of trading technology: Patents define the field. Futures: News, Analysis & Strategies for Futures, Options & Derivatives Traders. Retrieved from:http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=f5h&AN=10902 5893&lang=es&site=eds-live Chen, Y., Bharadwaj, A., & Goh, K. Y. (2017). An Empirical Analysis of Intellectual Property Rights Sharing in Software Development Outsourcing. MIS Quarterly, 41(1). Retrieved from:http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=edselc&AN=eds elc.2-52.0-85016330247&lang=es&site=eds-live
