VALORIZACIÓN Y NEGOCIACIÓN DE

TECNOLOGÍA
STEP 2: ANALYZE MAIN ACTORS AND CONCEPTS TO CONSIDER IN A TECHNOLOGY
NEGOTIATION.

PRESENTED BY:
ELKIN FABIAN CUELLAR PRADA
COLLABORATIVE GROUP:
212032_34
PRESENTED TO:
KARLA NATHALIA TRIANA

NATIONAL UNIVERSITY OPEN AND DISTANCE (UNAD)

FACULTY OF BASIC SCIENCES AND ENGINEERING
INDUSTRIAL ENGINEERING PROGRAM
OCTOBER 2018
MAKE A CONCEPT MAP DESCRIBING ALL THE CONCEPTS
INCLUDED IN THE FOLLOWING SECTIONS:
 MAKE A TABLE COMPARING THE FOLLOWING THREE USAGE RIGHTS
FOR SOFTWARE NEGOTIATIONS, EVIDENCING DIFFERENCES:

RIGHT TO USE
RIGHT TO REDEPLOY
RIGHT TO SELL.

USE RIGHTS FOR SOFTWARE COMPARATIVE (DIFFERENCES)

NEGOTIATIONS

Right to use developed technology and embedded technologies on expiration.

 Right to use the developed software and source code for a specific purpose after the contract ends, but not modify,
reproduce, or sell the software. This right does not allow the party to use the developed software, to sell, or to
distribute the software program to the public.
Right to use
 Client owns ownership but client grants vendor the right to use technology after the end of the contract, limited license
of software package.
 Redeployment right of knowhow and residual information.

 Different from the right to use which grants the right to use the output of the SDO project, the redeployment
right allows the rights holder to use the know-how and information gained in the SDO process, and the residual
intellectual assets that may not have been clearly specified in SDO contracts.
Right to  The client is the owner, but gives the provider the right to redistribute the knowledge assets in a third-party
redeploy project, and cannot be excluded from the use of residual information in the field of IT consulting and integration
for their client another client.

Right to manufacture and sell final product.

 In some circumstances, the client may have granted the vendor the right to sell but simultaneously used a non-
compete clause to restrict the vendor from competing with the client’s business, for example, by selling
Right to sell software directly to the client’s customers. This type of non-compete restriction will reduce the value of the
vendor’s usage rights.
 Client owns ownership but grants vendor the right to sell or license the created software shall have the
exclusive right to use and sublicense software developed.
 Each group posts on the Collaborative Learning forum, a
chart reminding who has selected each case, from step 1,
according to the following chart:

Innovation case Student name

Touchable Earth
Get Water Edwin Ochoa

3-D printers Jairo Alonso Rodriguez

Recycled plastic bricks Elkin Fabian Cuellar Prada

The shoe that grows Erika Catherine Botero Quintero

 CHOSEN INNOVATION CASE NAME
• Recycled plastic bricks
 HOW CAN THIS KIND OF TECHNOLOGY BE PROTECTED
IN COLOMBIA, BY COPYRIGHTS OR BY PATENTS?
EXPLAIN THE REASONS FOR YOUR ANSWER
• This type of technology in our country can be protected on the basis that, through copyright and
patents, strategies and mechanisms for the protection of intellectual property rights over a
technological development can be established, allowing the determination of the way it is marketed
and exploited.

• On the other hand this type of innovation in Colombia can be protected by means of the exclusive
right through the own registration of the brand in this case of Recycled plastic bricks, it confers the
owner to use it in an exclusive way, in addition through the legislation they share actions in order to
prevent third parties from imitating the product totally or partially, as long as the same products or
services or related are identified. On the other hand, through the invention patents, utility models
and industrial designs allow a detailed registration that allows the owner the possibility of preventing
the use of protected products or procedures without an authorization.
 WHAT IS THE PROCESS TO PROTECT THIS
TECHNOLOGY IN COLOMBIA TAKING INTO ACCOUNT
IF IT IS BY COPYRIGHTS OR BY PATENTS?

• The first step is to file with the Superintendence of Industry and Commerce the
application describing elements such as: the technology of the invention of
Recycled plastic bricks, its essence and the characteristics that make it novel.
After receiving the request, the SIC publishes it in order that in case there are
objections, they can be presented.

• Then, an examiner is responsible for verifying that it meets the requirements,

and he is responsible for approving the patent. Once approved, the owner of our
patent is obliged to pay an annual fee for its support; In case of non-compliance,
the patent expires and becomes public domain.
• Finally, it can be said that the copyright and neighboring rights are given
a means of proof and publicity, as well as the acts and contracts that
transfer or change that domain protected by law, and guarantee of
authenticity and security to the copyright holders. titles of copyright and
the acts and documents referred to them.
Make a timeline describing what to do to carry out a negotiation
of the selected technology, make sure you include the concepts
studied previously, describing negotiation and its preparation.
 REFERENCES
• Giordano-Coltart*, J., Calkins, C. (May 1, 2009). Practitioner’s Section Patent License Negotiation: Best
Practices. Journal of Business Chemistry. Retrieved from:
http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=buh&AN=39878183&lang=es&site=eds-live

• Chen, Y., Bharadwaj, A., & Goh, K. Y. (2017). An Empirical Analysis of Intellectual Property Rights Sharing in
Software Development Outsourcing. MIS Quarterly, 41(1). Retrieved
from:http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=edselc&AN=edselc.2-52.0-
85016330247&lang=es&site=eds-live

• Murray, Ruggiero Jr (April 1, 2015). The laws of trading technology: Patents define the field. Futures: News,
Analysis & Strategies for Futures, Options & Derivatives Traders. Retrieved
from: http://bibliotecavirtual.unad.edu.co:2051/login.aspx?direct=true&db=f5h&AN=109025893&lang=es&site=eds
-live

• Recycled plastic bricks: An innovation that promotes cheaper houses, recycling, reducing pollution. Taken from:
http://observers.france24.com/en/20160815-colombia-building-homes-recycled-plastic-displaced