Interopera-what?

Strategic Factors Affecting Licensing Negotiations

Recently we looked at how a party's market role or position might affect the tone of a negotiation.   In this post we'll take a first look at a number of other strategic factors that can influence the shape of a licensing deal.    This is a very broad topic, so we will list these generally first.   In our next post, we will take a look at some industry examples.

For the sake of clarity, we'll assume below that you are doing the licensing. If you're a licensee, simply reverse the analysis.

Licensing Negotiations - profiling the opposition

Before entering into any technology license negotiation, it's sensible to first develop a profile of the party you're negotiating with.   With IP negotiations, this can be done in a number of ways, but in this post we'll talk about how a party's role in the market can impact on their profile.

Here's a quick breakdown of how a party's market role can affect their negotiation stance:

Living in the Cloud

Cloud services have proliferated the IT services industry in the last few years or so, and it's easy to see why.   There are numerous advantages to offering and using cloud services as opposed to out of the box software solutions.   For service vendors the model enables a steady income stream and a quick way to fix bugs and get improvements to customers.   For providers, it's a way of diversifying existing IT services and enabling income that wasn't previously available.   For service users, the model offers better tax deductibility due to the switch from CAPEX to OPEX, usually a better overall reliability, and if properly researched, it can reduce the overall IT maintenance spend.

Collaboration Conundrums

We know.   It's hard enough satisfying your own shareholders, let alone trying to satisfy someone else's. The thought of trying to get another enterprise to work with you on a long term development project involving multiple IP rights can be daunting.

But however difficult collaborations are, sometimes you can't afford to ignore the opportunities they present.  We can't give collaborations and collaboration licensing an exhaustive treatment in this post, but we thought we'd put pen to paper and give you a summary of some selected issues that need to be considered when putting together collaboration deals.

Value and Intangibles 2 – Accounting and Alchemy

This is the second of our January posts exploring the value problem.   It’s a problem that affects me, you and Wall Street too...

Many of our readers and contributors will be familiar with why intangibles are so hard to account for.   It’s an issue that goes to the heart of the accounting methodologies used around the world today.   These are predominantly based on the double entry bookkeeping system.

Utilised perhaps as far back as the 12^th Century BC, double entry bookkeeping was designed to capture financial transaction flows.   However, internally developed intangible assets can rarely be described in a transactional way.   They are usually developed over the course of a long and involved timeline.   There are very few points along that timeline at which you can take an accurate value snapshot.

There are two fundamental ways to respond to this:

Deadwood

Recently, we looked at the IP tracking issues that intellectual asset managers have to deal with in our post on Tracking Innovation.
One of the other problems that these managers face is how to deal with IP assets that their enterprise is unlikely to use. Once obtained, patents can cost a significant amount to maintain. If they are left to fester in an IP asset portfolio, the liability to an enterprise can continue to mount with no return for the investment.