A merger or acquisition cannot be accurately valued without an accurate assessment of the target company’s IP assets.  When assessing an opportunity, companies go through a phase of due diligence in which important aspects of the operation are scrutinised, including its IP.  We can help you to avoid buying a lemon, or spot a potential goldmine.

We conduct due diligence for clients looking to acquire or buy into a business.

Due diligence involves us compiling an IP inventory of the IP in the target business and verifying a number of issues, including:

  • does the company actually have the IP it claims to own?
  • are rights still valid?
  • what is the scope of granted rights?
  • have there been any infringements or suspected infringements?
  • will the transfer of rights be exclusive?

IP due diligence goes beyond the buyer, too. We can also help if you’re positioning your company to be purchased at maximum valuation, looking at a joint venture, or even simply partnering around a licensing or franchising agreement.  Analysis and verification of intellectual property claims should be top on your due diligence checklist.  If your IP claims are in any way misrepresented there is a risk that your deal could be re-valued, significantly delayed or even cancelled.