IP DUE DILIGENCE

Increasingly Intellectual Property rights ("IPR") are central to commercial transactions be they acquisitions, start ups, spin-outs or joint ventures. Similarly, where insolvency or corporate recovery specialists are involved, IPR is often a key asset.

Our Attorneys review IPR portfolios as part of the due diligence process, including identifying the relevant IPR, assessing its ownership, status and/or validity and highlighting any gaps in protection. Another important factor our Attorneys consider is the effect of a change of ownership on existing third party agreements including licences, collaborative arrangements and joint ventures.

It is our experience that the assessment process will be subject to time and budgetary constraints and so setting priorities with the other advisers involved in the transaction is vital to ensure that resources are applied correctly and that the important IPR are identified and dealt with.

Our experience in this field has allowed us to develop an IP Due Diligence Checklist that summarises the points to consider in any due diligence project and which can also form the basis for the structure of the resultant report issued to all parties to the transaction thereby by reducing the "expectation gap" that often exists when parts of the due diligence process are sub-contracted.