IP Mergers & Acquisition
IP plays a key role in many merger and acquisition activities
In today's competitive and frequently-changing business environment, a company's success often relies on the development and implementation of a sound growth strategy, fuelled by mergers and acquisitions.
A company’s brand value or its product or innovation portfolio are key value differentiators, providing strategic incentives for merger and acquisitions. In order to maintain that value, however, companies need to be sure that they maintain accurate records of all their IP and to update their records correctly and promptly.
An intellectual property due diligence investigation should be conducted any time a merger, acquisition (“M&A”) or investment is being considered. IP due diligence involves gathering information on the target party’s assets/liabilities to assess the merits and risks of the transaction.
Often the most important assets of the target is its intellectual property assets.
These intellectual property assets could include patents, trademarks, trade dress, copyrights, trade secrets, and domain names.
What we do:
Advising on IP Due Diligence.
Providing IP Due diligence Checklist.
Assessing the chain of title (ownership) of the IP, and any encumbrances.
IP related advice on Merger & Acquisition transactions: Scope of IP warranties and indemnities sought in the Share Purchase Agreement in case of a transaction.
IP related contractual review: Assessing contracts or contractual obligations involving IP rights and their impact on the business of the company.
Exchange control approval for cross border transactions.