The Intellectual Property (IP) owned by a company may be one of its key assets. Conversely, if a company does not have the freedom to run its business due to third party IP rights, this may significantly impact on its ability to operate effectively, and therefore on its value.
"IP due diligence" is the assessment of the IP owned or used by a company, or of third party IP rights which may impact on the company's business. IP due diligence can therefore be critically important in deciding whether to purchase or invest into a company, or enter into some other agreement with the company where IP is a factor.
Sanderson & Co works with client to provide clear advice and a plan of action which suits the time and finances available.
IP due diligence assessments can involve:
- Identifying and assessing which IP rights are owned or licensed by a company and how enforaceable they are.
- Assessing whether the scope, geographical extent, and term of the IP rights is appropriate for the needs of the company.
- Identifying the ownership of the IP, and any possible implications of that.
- Assessment of non-registered rights such as copyright.
- Freedom to operate analysis of key products, processes or trade marks used by the company.
- Assessing contracts or contractural obligations involving IP rights to which the company is a party.
- Investigating the existence or likelihood of IP-related litigation.
- Assessing whether a company has an IP policy, and whether their IP seems well managed.
- Where required, making suggestions for corrective action, or further steps to be taken to mitigate any problems.
- Advising on the scope of IP warranties and indemnities sought on the back of any due diligence.
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"We have been working with Sanderson & Co for a number of years now since our formation. They have been extremely helpful in protecting and enforcing our rights.
We very much enjoy working with them - they are friendly and approachable and have an excellent understanding of the issues faced by internet businesses."
Founder & CEO
Zoopla Property Group Ltd.