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PLAYBOOK TEMPLATES
Technology Transfer Agreement
A Technology Transfer Agreement facilitates the sharing or commercialization of proprietary technology between parties. This playbook provides guidance on ownership rights, confidentiality, and obligations to support the transfer process.
Exclusivity and Territory
Negotiation strategy
Ensure the exclusivity and territory terms align with your strategic goals. Avoid overly broad grants that could limit future opportunities.
Negotiate for terms that maximize market potential and value. Consider requesting flexibility for expansion in key regions.
Essential elements
1
License Type
Defines exclusivity status.
2
Geographic Scope
Specifies covered regions.
3
Market Area
Defines market territories.
Action framework
ACCEPT
Propose edits when terms do not align with strategic objectives.
EDIT
Reject if terms overly restrict future opportunities.
ADD
Add language if terms are absent or unclear.
PRO TIP
Always align exclusivity and territory terms with long-term business strategies.
Real-world examples
FAVORABLE
Preferred Exclusivity
"The license granted herein is an exclusive license within the territory of [specified region], subject to the terms and conditions of this Agreement."
NEUTRAL
Fallback Non-Exclusivity
"The license is non-exclusive and covers the territory of [specified region], allowing for potential expansion upon mutual agreement."
UNFAVORABLE
Overly Broad Exclusivity
"The license is exclusive worldwide, with no provisions for review or adjustment."
Alternative scenarios & positions
Emerging Markets
In emerging markets, exclusivity may need to be more flexible to adapt to rapid changes and opportunities.
Highly Competitive Regions
In competitive regions, consider non-exclusive terms to allow for multiple partnerships and collaborations.
Regulated Industries
In regulated industries, ensure compliance with local laws when defining exclusivity and territory.
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