FICPI World Congress 2022 // Putting the IP in M&A

In many countries, when the assets of a business are sold and the parties do not detail the intellectual property included in the transfer, the general rule is that the seller is presumed to have transferred the IP of the business to the buyer. However, it is not always clear which assets relate to the business being acquired and which do not.

An IP due diligence review typically involves reviewing all IP owned by a company, comparing pending applications and issued registrations to the intellectual property in use, assessing any gaps in protection, and evaluating current and future protection needs.

This session will cover:

• Identifying relevant IP assets
• Patent and trade mark due diligence
• Pre-closure review of agreements
• Practical case examples and recent acquisition activity
• IP due diligence best practices
• Comparison of IP due diligence practices across various jurisdictions