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This case is a two-party negotiation between the founder of a biotechnology start-up company, Aatif Iqbal, and the Office of Technology Development (OTD) at a major research university, Fisher University. The two sides are negotiating the terms of a license for a technology, owned by the university, which has the potential to lead to the creation of new drugs, in particular less addictive drugs for relieving pain. Almost all of the terms of the license have been worked out, but the parties have reached an impasse over Article 16, which relates to “Global Access and Enforcement.” Both parties have agreed not to reopen negotiations over the other terms of the license. In fact, neither negotiator has authority to negotiate issues outside the scope of Article 16; it is the only issue on the table in the current negotiation.
The “Global Access and Enforcement” clause is a potential dealbreaker. Fisher University has insisted that the license include strong “global access” language so that poor people in the developing world can afford any drugs created through use of the technology. The university wants to protect its image and to further its mission of serving the public. Iqbal maintains that such provisions will eat into his profits and limit his ability to attract investors. There is some urgency because Iqbal’s six-month option is about to expire.
This product includes:
- General Instructions for Participants (White)
- Confidential Instructions for Aatif Iqbal's Attorney (Green)
- Confidential Instructions for Fisher University Assistant Director (Goldenrod)
- Complete Teacher's Package with all files listed above (White)
To practice exploring interests; looking for sources of value; and working to maintain a positive relationship with the other side. Students will also become familiar with some of the challenges of drafting actual contract language.
Negotiation Simulation; Contract Drafting; Intellectual Property
Geographic: United States
Industry: Pharmaceutical; Startups
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