Final Negotiation

NEGOTIATION BETWEEN
NIDE (National Institute of Research Emancipation)

&
RICS (Regional Institute for Cancer Studies)
AAFREEN RS SUMAIYABANU. L
BA0150001 BC0150029
STRATEGY PAPER ON BEHALF OF RICS
The Counsel represents RICS
BACKGROUND:-
RICS (Regional Institute for Cancer Studies) is an institution which was specially
established to carry on research upon drugs that can cure cancer. NIDE does the research
work on “gene patenting” and “disease emancipation”. NIDE decides to provide service for
RICS to develop a new drug. For the facilities to be provided by NIDE, in return it asked full
legal rights over the drug if any made and also want that contract to be for 15 years. And on
the other hand RICS wants a contract to be entered for 5 years with a clause giving an option
to renew for the next 5 years. Both the parties have come forward for negotiation.
NEGOTIATION TEAM’S DETAILS:
Team Members (NIDE) Role/ Responsibility
G. GAYATHRI DEVI Client
SATHYA Counsel
Team Members (RICS)
R.S. AAFREEN Client
SUMAIYA BANU. L Counsel
VIABLE AND CONCILIATORY OPTIONS:
This is a very good opportunity for both parties to prevent legal dispute in a way it
saves effort, time and money. There are also non-monetary compensations that is to foster
mutual beneficial relationship between the two parties in case the interest between the both
the parties are met. Henceforth make best use of the negotiation.
GOALS AND OBJECTIVES OF THE NEGOTIATION:-
The goal is to arrive at a fruitful and beneficial settlement for both the parties and to
conduct the negotiation session in a fair and peaceful manner.
It was decided to do a SWOT (Strength, Weakness, Opportunities and Threats)
Analysis to examine the pros and corns of this joint venture with a critical eye.
STRENGTHS
1) The purpose of this entering into an agreement between the two premier institutions is
to do an enhanced research to discover new drugs for cancer treatment which is of
mutual benefit.
2) NIDE is a premier institution in drug related research and has successfully discovered
several drugs and hence there is a lot of possibility that it will discover drug for cancer
treatment within a short span of time.
WEAKNESS
1) RICS does not have significant experience and expertise in drug related research
2) RICS also have budgetary limitation and cannot invest much in new research projects.
3) The same service can be given by other private players also, but considering time,
money and risk involved in collaborating with private parties, NIDE is the best option
for this joint initiative. Hence NIDE might take upper hand in this project.
OPPORTUNITIES
1. Both are public institution of the Central Government and working for the benefit of
the public who are suffering from cancer. Hence this proposed research is a good
opportunity for both parties.
2. Both have expertise, data and other resources which can be pooled together to get a
better result in a less time frame and a project budget.
THREATS
1. Being a premier institution in Medical especially drug related research NIDE might
demand a lion’s share in this project.
2. NIDE might not recognise the necessary assistance for the doing the research
provided by RICS.
POTENTIAL SOLUTION
1. The project period should not exceed 5 years and this agreement between two parties
needs to be modified in case of continuation of the research even after 5 years from
the start of this project.
2. NIDE can patent the drug in its name for which RICS has no objection.
3. But NIDE should share the findings and technology of the research with RICS after 5
years from the end of the research and RICS assures that it will not misuse it.
4. NIDE can produce and market the cancer treatment drugs but NIDE should give the
25 % of the profit to RICS.
5. NIDE should supply the required drugs to RICS on a top priority.
BEST ALTERNATIVE TO NEGOTIATED AGREEMENT (BATNA)
The Best Alternative to the Negotiated Argument is, even if NIDE doesn’t agree to
the terms, RICS can still opt for another Research Institute which is ready to take up the
research and not asking full benefit of the research including the legal patent rights.
WORST ALTERNATIVE TO NEGOTIATED AGREEMENT (WATNA)
The Worst Alternative to the Negotiated Argument is, going for mediation session,
because it might cause stoppage in the research works and also affects the livelihood of the
researchers and well as the cancer patients who are in great demand of effective and
affordable drugs. .

Final Negotiation

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Final Negotiation

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NEGOTIATION BETWEEN

NIDE (National Institute of Research Emancipation)

NEGOTIATION TEAM’S DETAILS:

Team Members (NIDE) Role/ Responsibility

G. GAYATHRI DEVI Client

Team Members (RICS)

R.S. AAFREEN Client

SUMAIYA BANU. L Counsel

VIABLE AND CONCILIATORY OPTIONS:

It was decided to do a SWOT (Strength, Weakness, Opportunities and Threats)

BEST ALTERNATIVE TO NEGOTIATED AGREEMENT (BATNA)

WORST ALTERNATIVE TO NEGOTIATED AGREEMENT (WATNA)

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