Is an intellectual property due diligence review different from an ordinary commercial transaction?

Yes. Since these areas of the law cover different subject matter, the corresponding due diligence reviews are not identical.

Intellectual property is a specialized discipline of business/corporate/commercial law. Intellectual property law covers trademarks, copyright, patents, industrial designs and trade secrets. It requires a particular understanding of the scope and strength of intellectual property rights and its impact on the business and the deal terms.

In contrast, commercial law is a broader category of business law that covers subject matters including structuring a company, mergers and acquisitions and venture capital investments.

In other words, intellectual property deals with “works of the mind” to distinguish a product or company from the crowd, and how to leverage these “works” – whether they be trademarks, copyright, trade secrets, and so on.

An intellectual property due diligence review assesses how proposed intellectual property will affect your business, whereas commercial transaction due diligence reviews focus on the value of investments or acquisitions, tax implications and the feasibility of business plans.

Our business lawyers serving clients in Ottawa, Toronto and all over Canada are specialized in intellectual property law. We can work with your business to formulate systems that anticipate risks and address potential problems before they arise. We make sure that management understands the nature of the intellectual property liabilities your business faces. Our business lawyers provide the tools you need to address these issues strategically and effectively so that you can get the best price possible and minimize your risk of loss if/when you are ready to sell.