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Licensing Agreements Doug Morgan with Ron Graham |
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Let's say I have technology and my company is too small to
manufacture -- so I want to license it. I'll most likely
need the assistance of an attorney to draw up a licensing
agreement, especially considering that the (probably larger)
company I'm doing business with will have one.
Licensing can be wishful thinking. I want someone to pay me for the right to manufacture my product. It's not impossible, but it is risky for the manufacturer if I don't have a track record or if my technology is brand new (especially if the manufacturer isn't satisfied that the technology has been sufficiently tested). My considerations include
Toll Processing Toll processing may be more common than licensing per se. I would pay for the manufacturer's services and split the marketing costs; they can help with art work, packaging, warehousing, and distribution. There are many plants that will toll a product. Many of those have good distribution networks, as well as pull when it comes to obtaining shelf space. As long as my name does not appear on the product, as is the case with a licensing agreement, I'm not responsible for quality. If I instead choose a toll arrangement, then I must spell out what defines an acceptable product. And I still am responsible for verifying any test results. My name is on the product, so I'm accountable. Contract Manufacturing With toll processing, you would consider whether the manufacturer is able to produce what you need at a reasonable cost. With contract manufacturing, on the other hand, you are actually in a partnership with the manufacturer. The partnership allows the contract manufacturer to provide a variety of "value-added services," such as technological development, marketing ideas, production capacity and expertise, and, in some cases, even distribution and shipping. References
Alcoa
is one major company in the toll processing business. |
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