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IP Transactions

  1. What is due diligence?
  2. Is an IP due diligence review necessary before I sell an asset or business?
  3. Is an IP due diligence review different from an ordinary commercial transaction?
  4. What if I do not intend to sell my asset or business?

What is due diligence?

IP due diligence is the process by which the quality, validity, scope and status of any intellectual property rights can be determined in a commercial transaction. For instance, without conducting an IP due diligence review, it is not uncommon to find out after the purchase and sale of a business that the:

  • domain name is in the name of an ex-employee or;
  • business is being sued for trade-mark infringement for which the new owner is now responsible or;
  • copyright, hence the ownership, in and to the purchased website belongs to someone else.

Is an IP due diligence review different from an ordinary commercial transaction?

Yes. IP is a specialized discipline of  corporate/commercial law. It requires a particular understanding of  the scope and strength of IP rights and its impact on the business and the deal terms. We work with your business to formulate systems that anticipate risk and address potential problems before they arise. We make sure that management understands the nature of the IP liabilities your business faces, and 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 when you are ready to sell.

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What if I do not intend to sell my asset or business?

You should consider an IP audit. An IP audit is a practical and economical long-term solution that allows your company to leverage and manage its creative assets for competitive intelligence and defensive product development. It allows you to detect any defects in your IP rights that may affect the value of your business. Also, it is an early warning system for reducing the high cost of litigation. It is a proactive and preventive approach to managing the IP risks and liabilities faced by every business.

You can choose between three types of examination: Basic, InDepth & RoadMap.

A basic examination provides you with a review and assessment of whether there is a clear, valid title to the IP asset before you buy or try and sell it.

An In Depth examination looks at the substantive legal issues that may be raised, provides an action plan and the implementation of the action plan to resolve any problems.

A RoadMap examines your business, your business projections and prepares an analysis of potential IP roadblocks to your business strategy and product development.

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