In today's innovation-driven world, the strength of the company's intellectual property determines its value.
We conduct IP due diligence to assess the value of the involved assets (trademarks, patents, designs, copyright, etc.) by examining their business relevance, validity, ownership, and enforceability.
We begin the IP due diligence with establishing the client's ultimate business objectives and the role intangible assets play in achieving them. We do so by studying the competitive landscape and identifying potential threats and opportunities existing IP presents to the company's strategy.
We then move to an actual study of subject matter intellectual property by analyzing its scope of protection, ownership issues, the extent to which it is enforceable, and whether it is capable of conflicting with the competitors' IP.
Finally, we evaluate the results by assessing whether the risks and benefits uncovered are adequate to the client's business objectives. This results in final recommendations for the client on what should be done to mitigate risks and maximize potential benefits from the intellectual property under scrutiny.
Our expertise in this area includes the following:
· Assessing the validity and enforceability of the IP
· Evaluating the scope, geographical extent, and term of the IP rights and their relation to the company's business objectives
· Designing the chain of title (ownership) of the IP
· Assessment of the existence and relevance of non-registered rights
· Assessing contracts or contractual obligations involving IP
· Assessing the likelihood of IP-related litigation
· Developing the IP strategy