Maybe you are about to purchase, sell or merge with a company or maybe you contemplate some other business transaction. It could be that you are having negotiations involving the financial value of IP – eg for financing or licensing purposes. If any of this or similar is true to your situation, you may be in the market for an IP Due Diligence.
Also, you may need an IP Due Diligence quite simply because you wish to obtain a status on the health of your IP portfolio to secure future revenue and value streams in your company.
You may wish the IP Due Diligence to focus on the IP of other companies or those of your own or, indeed, a combination of the two to get a view of where you stand in comparison to your peers.
IP Due Diligence can be described as an audit of intellectual property assets that are either owned or licensed by a given company. It can include a review of the actual ownership of the assets, how they are protected, for how long they are valid and the maintenance costs involved, whether they are actually in force and, if relevant, also their strength.
Depending on your needs, it may also be a review of the state of your IP relative to your business strategy. Whether your strategy is defensive or offensive, it is important that it is actually in agreement with your IP portfolio. An IP Due Diligence can reveal whether your company has potential IP-rights that you have not yet considered – meaning that both your potential revenue and the value of your company may actually be higher than you think. Or maybe it turns out that you own assets that have lost their relevance and have become a financial burden. Perhaps you can also identify possible stakeholders to monetise them by putting them up for licensing, or perhaps they should be abandoned altogether.
Also, your IP assets may be compared to those of others – eg your competitors or other stakeholders in your current landscape to visualize your strength in the market and enhance your bargaining power.
The value of Intellectual Property Assets matters greatly in any business transaction today and are more relevant than ever to your overall business plan. Zacco’s Attorneys have the skills and experience to help you get the right scope of your Due Diligence. Many of our advisors have in-house experience as attorneys and/or IP managers, which means that we also bring the relevant industry knowledge and experience with commercial strategy to the table. We will work together in a constructive dialogue to identify your needs while taking your actual situation into account.