Negotiating & Drafting High-Tech Business Agreement Program Agenda (Subject to Change without Notice)
1st Day (9:00AM ~ 12:00AM)
1 Opening Remark
2 The Principles of Negotiation
3 The Negotiation Process
3.1 Approaching, Planning & Preparation
3.2 Knowing the Market & Your Negotiation Partner
3.3 Assessing Your Position
3.4 Planning Your Objectives
1 Defining the Details
2 The Negotiation Strategies -The Art of Negotiation
4.1 Effective Opening
4.1.1 Opening Yourself First & Asking the Other Side to Open 4.1.2 Gathering Information
4.1.3 Using Positive Body Language
4.1.4 Identifying Key Issues
4.2. Bargaining Skills
4.2.1 Arguing Persuasively
4.2.2 Offer & Count-offer
4.2.3 Bargaining Tactics
4.2.4 Planning Workable Concessions & Alternatives ? What Is Your Bottom-line & Your Parties¡® Bottom-line?
4.2.5 When Things Go Wrong
4.3 Closing
4.3.1 Handling Last Minute Tactics
4.3.2 Asking for Commitment
1 Post Closure Activities
2 The Spirit of the Deal
5.1 Create Win-Win Situations
5.2 Focus on Outcomes, Not Positions
5.3 The More Haste, Less Speed
5.4 One Step Backward Is Two Steps Forward
5.5 Do One Thing, and Do It Better
1 Business Is Business, and Well Business Is Just Business
2 Specific Issues in Dealing With Foreign Partners
6.1 Business Etiquette
6.2 Executive Manners
1 Cultural Issues6.4 Religious Issues
2 Open Discussion
1st Day(1:00PM ~ 4:00PM)
1. Business Laws in Western Legal Systems
1.1 Business Laws in Northern America
1.2 Business Laws in European Union
1 Key Legal Jargons Revisited
2 Major Types of Agreements
2.1 Non-Disclosure Agreement (NDA)
2.1.1 Definition of NDA Information
2.1.2 Use of NDA Information
2.1.3 Copy & Return of Furnished Instruments
2.1.4 Non Disclosure of Negotiations
2.1.5 Term & Termination
2.1.6 Remedy for Breach
2.1.7 Governing Law & Arbitrations
2.2 Technology (IP) Licensing Agreements
2.2.1 Commodity IP Vs Star-IP
2.2.2 One Time Down-payment
2.2.3 Royalty
2.3 Purchase Order
2.3.1 Purchase Part, Purchase Date, Deliver Date, Shipping Instructions among Others
2.3.2 Payment Terms
2.3.3 Purchase Order Terms & Conditions
2.4 Sales Representation/Distribution Agreement
2.4.1 One Time Bootstrapping Support
2.4.2 Sales Commission Rate: Base Vs Incentive
2.4.3 Exclusive Dealership Vs Non-exclusive Dealership
1 The Import Tax Penalty Issues
2 Case Study I: Negotiating for a Favorable Sales Distribution Term with a SW Foreign Company
3 Open Discussion
2nd Day
(9:00AM ~ 12:00AM)
1. Business Aspect & Legal Aspect of Drafting an Agreement
1.1 NDA Issues
1.2 Invoices & Payment Terms: Pre-payment Vs Post-payment
1.3 Taxation Issues ? Sales Tax among Others
1.4 Jurisdiction: Legal Action Vs Arbitration
1.5 Other General Provisions
1.5.1 Warranty
1.5.2 Limitation of Liability
1.5.3 Indemnity
1.5.4 Independent Development
1.5.5 Independent Contractors
1.5.6 Notices
1.5.7 Assignment
1.5.8 Severability; Waiver; Rights & Remedies
1.5.9 Exhibits
1.5.10 Force Majeure
1 Survival of Rights
2 Business English Aspect of Drafting an Agreement
2.1 The Power of Vocabulary
2.2 The Beauty of Structure, Style & Grammar
2.3 The principles of Effective Writing
2.4 On Achieving Clarity & Precision
2.5 On Avoiding Common Usage Errors and Pitfalls
2.6 On Writing with Greater Ease, Power, and Style
2.7 Easy-to-use Checklists
1 Solutions to Your Daily Writing Challenges
2 Open Discussion
2nd Day
(1:00 PM ~ 4:00 PM)
1 More Tips & Tricks on Negotiating a Good Deal
1.1The Power of Patience
1.2The Power of a Positive Relationship
1.3Deadlocking
1.4Offers & Counter-offers Revisited
1.5Status & The Negotiator
1.6Buyer or Seller
1.7The Power of Information
1.8On Intimidation 1.9Other Issues in Negotiation
1.9.1Dealing with Buyer¡®s Remorse
1.9.2Dealing with Seller¡®s Remorse
1.9.3Team Negotiating
1.9.4Negotiating by Telephone
2 More Tips & Tricks on Drafting a Good Agreement - We¡®ll Offer the Detail during the Training
3 Case Study II: Drafting a Cooperation Agreement for Working with a Foreign R & D Center
4 Open Discussion
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