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Step 2 - Analyze main actors and concepts to consider in a technology negotiation

Diego Andrs Cristancho Liberato


212032_22

Tutor
Karla Triana

Universidad nacional abierta y a distancia


Technology valuation and negotiation
Bogot
2017
Questions

1. How to register a patent application in Colombia? (Include process, fees and if it is


necessary to hire a lawyer)

Solution:

The patent is a privilege granted by the State to the inventor as recognition of the
investment and the efforts made by the latter to achieve a technical solution that
brings benefits to humanity. This privilege consists in the right to exploit the
invention exclusively for a certain period of time.

Patent Application Process:

Form examination
Publication and oppositions
Patentability request or request
Examination of substance or patentability
The following fees must be paid:

Fee for filing the application. (Contains the right to file the first 10 claims).
Rate for additional claim (From the eleventh claim).
Fee for patentability examination.
If you request extensions to respond to any type of request, conversion,
merger or division of an application you must pay fees.

The process can be done by anyone who knows how to submit the application, be
clear the process to follow, be aware of the times that the process demands and
respond to the requirements that the SIC can generate during the normal course of the
procedure.

2. How to register a copyright application in Colombia? (Include process, fees and if it


is necessary to hire a lawyer)
3. What is applied to protect a software development in Colombia, a patent or
copyrights?

Solution:

The Colombian legislation defines the source code of a software as a literary work,
so the form of copyright protection is like copyright. This topic has been a whole
discussion at the international level, many countries argue that the protection of
software is very important and copyright is not enough, because if you analyze the
purpose of the source code of a software should be protected as a patent. WIPO has
already allowed patenting of software in several countries, although Colombia still
does not allow this alternative, so copyright, although inefficient, is the only form of
protection for software development.

4. What is a license agreement?

It is that agreement or contract involving two fundamental parts, the licensor and the
licensee. The licensor is the owner of the trademark, patent, copyright, etc., which
seeks to extend the coverage of its trademark or invention, through a licensee, who
acquires certain rights on this mark and can market it or offer it to the Final consumer
as stipulated in the agreement. The fundamental aspects that must be stipulated in a
license agreement are:

Protected object or subject matter


Scope of rights
Exclusiveness
Territory
Cost of the license (royalties)
Verification of royalties
Variation of royalties
License Term
Early Termination of Agreement
Considerations in case of termination
Controversies
Responsibilities
Declarations and guarantees
Sublicense
Improvement, versions, improvements and new models
Payment of maintenance fees
5. What is necessary to take into account in order to carry out a successful negotiation?
(Describe negotiation process, actors and types of negotiation)