IP in Commercial Transactions
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Giovanni
Ghirardi, Milan
Lloyd
Parker, Tokyo
Shelly
L.
McGee, Washington, D.C.
Philip
D.
Porter, Northern Virginia
More than ever before, intellectual property (IP) rights take center stage in many corporate transactions. IP is a key asset not only for technology companies, but also for most corporations in traditional industries such as beverages, fashion, and cosmetics. IP identification, evaluation, and proper allocation are essential to the success of commercial transactions. A thorough due diligence as part of mergers and acquisitions (M&A), public offerings, private equity investments, financings, strategic alliances, joint ventures, and other commercial transactions is essential to understanding the scope of the rights protecting products, services and brands, and the underlying patents, copyrights, trademarks, design rights, confidential processes, and ideas. Inadequate due diligence can result in overlooked and incorrectly valued IP and can leave undiscovered disputes over ownership or provenance of IP that is of critical importance to a transaction.
Our dedicated commercial IP lawyers can help you evaluate IP portfolios and allocate them properly between the parties in order to contribute to the success of your transaction. With IP lawyers in all major jurisdictions in the U.S., Europe, and Asia, we can conduct due diligence of national and multinational IP portfolios during the compressed time frames of major transactions and can assist with appropriate allocation of IP between the parties. Precise IP allocation is essential in complex transactions in which both parties must exercise rights in the same IP. We collaborate with colleagues in M&A, finance, dispute resolution, licensing, and technology transfer to find comprehensive solutions to issues that arise in the course of a transaction.
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