In a changing global economic environment, many companies and organisations go through processes of investment, sale and purchase, merger or division. A key aspect for determining the value of these transactions lies in industrial and intellectual property rights (patents, trademarks, designs, copyrights and trade secrets) as they shape the corporate assets that encapsulate the entire holder’s innovative and differentiating efforts.
The IP Due Diligence or the auditing of intellectual property assets is a legal analysis of the industrial and intellectual property assets of those holders involved in these processes. An IP Due Diligence offers a faithful and complete portrait of an organisation’s intangible assets by way of the analysis of all aspects which may affect the identification, level of protection, legal status, responsibilities, obligations and risks related to the aforementioned assets in conjunction with the issuance of our report on the most relevant aspects for the operation.
From the acquirer’s perspective, this analysis enables an assessment on whether those assets have their presumed strength or if, on the contrary, they conceal omissions or associated risks that were not exposed in the initial stages of negotiation.
Ponti’s technical and legal expertise enables us to advise and assist our clients throughout the entire auditing process, including the preparation of the confidentiality agreement between the parties involved, the formalisation of the list of required information (IP Checklist) and the inspection of all documentation associated with the process (Data Room Inspection).
An adequate IP Due Diligence protocol minimises the legal risks which may arise from these business transactions and, at the same time, it provides valuable information so that the client can test its negotiating position and, if necessary, review it in good time.